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HomeMy WebLinkAbout5. OLD BUSINESS 05/20/2008 Village of Mount Prospect Community Development Department 1 Mount Prospect r MEMORANDUM ~ "& · t-ATc, ~/,,'o8 TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: APRIL 25, 2008 SUBJECT: PZ-38-07 - CONDITIONAL USE AND V ARIA TIONS (ROW DEVELOPMENT) 309-313 W. PROSPECT AVE. PAUL SWANSON ASSOC. INC. (APPLICANT) The petitioner, Paul Swanson Associates Inc., is seeking approval for a Conditional Use to allow dwelling units on the ground floor, and variations for front yard building setback, rear yard building setback, and building height, for the Swanson Rowhome Project located at 309-313 W. Prospect A venue. The Planning and Zoning Commission conducted a public hearing to review the request on Thursday, March 27, 2008, and by a vote of 4-0, with two members absent, recommended approval of a Conditional Use to allow dwelling units on the ground floor, and variations for front yard building setback, rear yard building setback, and building height, for the Swanson Rowhome Project. Details of the proceedings and items discussed during the Planning and Zoning Commission hearing are included in the attached minutes. Please forward this memorandum and attachments to the Village Board for their review and consideration at their May 6, 2008 meeting. Staff will be present to answer any questions related to this matter. H \PLAN\Plallning & Zonmg COMM\P&Z 2008\MEJ Mcmo\PZ.3H-(}7 Prospect Avenue Townhomcs (SwansOllL042808,doc MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-38-07 Hearing Date: March 27, 2008 PROPERTY ADDRESS: 309-313 W. Prospect Ave. PETITIONER: Paul Swanson Assoc. Inc. PUBLICATION DATE: October 10, 2007 PIN NUMBERS: 08-11-205-010/011/012 REQUESTS: Conditional Use approval to allow dwelling units on the ground floor Variations - setbacks, building height MEMBERS PRESENT: Richard Rogers, Chair Leo Floros Marlys Haaland Keith Youngquist MEMBERS ABSENT: Joseph Donnelly Ronald Roberts STAFF MEMBERS PRESENT: William J. Cooney, AICP, Director of Community Development Brian Simmons, AICP, Deputy Director of Community Development INTERESTED PARTIES: Paul Swanson, Desi Flynn Chairman Richard Rogers called the meeting to order at 7:30 p.m. After roll call, Chairman Rogers stated that they have the minimum amount of Planning and Zoning Commission Members for a quorum. In order for a case to receive a positive recommendation, a unanimous vote must occur. The voting for the minutes from the January 24, 2008 meeting were held over until the next meeting since only two members were present from that meeting. Chairman Rogers introduced case number PZ-38-07, a request for a Conditional Use approval and Variations (3- unit rowhome development) at 309-313 W. Prospect Ave., at 7:35 p.m. William Cooney, Director of Community Development, stated that the properties were currently vacant grass lots. He said that the proposal is for a three unit townhome facing Prospect Avenue with vehicular access off of West Busse Avenue. The townhomes would be a masonry structure with a residential roofline and a series of expansive windows. Mr. Cooney said that the Staff report indicated concerns regarding the eastern elevation, only one window was shown on the original proposal; this has since been updated by the Petitioner. Mr. Cooney discussed the current uses on Prospect Avenue. He stated that Staff is opposed to the proposal because Prospect Avenue is more of a commercial, office, and retail roadway. Mr. Cooney showed a table regarding setbacks and variation requests. The Staff's recommendation was to deny the current proposal. Mr. Cooney said that Staff would prefer an office on the first level with residential units above. Richard Rogers, Chair Planning & Zoning Commission Meeting March 27, 2008 PZ-38-07 Page 2 Chairman Rogers swore in Paul Swanson, 401 E. Prospect Ave., Mount Prospect, IL. Mr. Swanson discussed his background in developing projects and properties. He said he did a study regarding building a professional office space or medical space. He stated the size of a commercial building or medical space was limited due to the setbacks. He also said that the site is unfeasible from a cost and market standpoint. Mr. Swanson stated that there is currently a 20% vacancy rate in the Northwest suburbs that includes Mount Prospect. He said the property is too small for mixed use. Mr. Swanson stated that the proposal is for three townhomes. He summarized three reasons why townhomes would be acceptable for the site: close walking distance to the train station, close proximity to downtown amenities, and the current market would support the development. Mr. Swanson said the current project would provide 2000 square feet of living space and 400 square feet for garages. He said townhomes on the site would double the amount of property taxes if an office building was on the property. He stated that the proposed development is consistent with the surrounding land use. Mr. Swanson showed pictures of other properties along Prospect Ave. that showed residential buildings next to commercial/office buildings. Mr. Swanson stated that he had a letter from his planner. He summarized the letter that emphasized surrounding land use and the trend in development works for this project. Mr. Swanson showed the site plan and landscape plan that included an open area on the East side of the property. He also showed the floor plan, North elevation, and discussed using green items for this proposed project. Mr. Swanson said he will need Variations due to the location of the rear balconies and front patios that enter into the setbacks. He needs a Conditional Use for living space on the first floor in a B-5 zone. Mr. Swanson concluded by asking the Planning and Zoning Commission to recommend approval so the proposed project could move to the Village Board. Chairman Rogers asked the Petitioner if he has read the conditions placed in the Staff report and asked if he agreed to them. Mr. Swanson stated that he did agree. Chairman Rogers swore in Oesi Flynn, 107 S. Elmhurst Ave., Mount Prospect, IL. Mr. Flynn stated that Mr. Swanson did stop by his residence and explain the proposed project. Mr. Flynn believed that the property would be an ideal location for a downtown park and playground; due to the odd layout ofthe lots. Mr. Swanson stated that he visited the surrounding residential neighbors in the fall and most recently with the proposed elevations that have been presented. He said that seven of the nine residents favored a residential development for this parcel of land. There was general discussion about creating a park. Chairman Rogers stated that the proposed case was not about purchasing the land or developing a park. Chairman Rogers asked if anyone else wanted to discuss the case. Hearing none, the public discussion was closed and brought back to the Commission. Keith Youngquist said from Mount Prospect Road to Central Avenue, Prospect Avenue could not make up its mind on what it wants to be. He stated a variety of different uses extend along the street. Mr. Youngquist said that he understands what the Village wants to do with a mixed-use development, but he believed that this particular site does not allow for it. He concluded by reiterating that there is no consistency along Prospect Avenue and commended the Petitioner for his research on a variety of uses for the property. Richard Rogers, Chair Planning & Zoning Commission Meeting March 27, 2008 PZ-38-07 Page 3 Chairman Rogers said the area is on the back side of the railroad and the reason for zoning is for some uniformity along the way. He also commended the Petitioner for research completed as well. Chairman Rogers agreed that the site is too small for offices. Leo Floras asked the Petitioner how long the previous owner had owned the land. Mr. Swanson stated that he did not know, but the previous owner presently owns the apartment building to the West of the site. Mr. Floros said that this property has been vacant forever and believed the proposal is logical and practical to the area. He believed that this would be a valuable addition to that section of town. Mr. Floras made a motion that the Planning and Zoning Commission accept the proposal as presented with the conditions placed by Staff, case number PZ-38-07, a request for a Conditional Use to allow dwelling units on the ground floor and Variations that included setbacks and the building height; Keith Youngquist seconded the motion. UPON ROLL CALL: A YES: Floros, Haaland, Youngquist, Rogers NA YS: None Motion was approved 4-0. After hearing two additional cases, Keith Youngquist made a motion to adjourn at 10:30 p.m. The motion was approved by a voice vote and the meeting was adjourned. ~t# Ryan Kast, Community Development Administrative Assistant Village of Mount Prospect Community Development Department CASE SUMMARY - PZ- 38-07 LOCATION: PETITIONER: OWNER: PARCEL #: LOT SIZE: ZONING: LAND USE: REQUEST: 309-17 W. Prospect Avenue Paul Swanson Assoc. Inc. 309 West Prospect, LLC 08-11-205-010-0000/08-11-205-011-0000 / 08-11-205-012-0000 0.23 acres B5 Central Commercial Vacant lot 1) Conditional Use approval to allow dwelling units on the ground floor (Sec.l4.l904) 2) Variations - setbacks, building height (Sec. 14.1905) LOCATION MAP W..CENTRAL 10- III ; _W BUSSE AV " ~ ~ III 'm Ii: % C ;II II> ,-4 \I> r: [ .le ~[ Z m MEMORANDUM Village of Mount Prospect Community Development Department TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION RICHARD ROGERS, CHAIRPERSON FROM: JUDY CONNOLLY, AICP, SENIOR PLANNER DATE: DECEMBER 6, 2007 HEARING DATE: DECEMBER 13,2007 SUBJECT: PZ-38-07 - CONDITIONAL USE & VARIATIONS (ROWHOME DEVELOPMENT) 309-17 W. PROSPECT AVE. - PAUL SWANSON ASSOC. INC. (APPLICANT) BACKGROUND A public hearing has been scheduled for the December 13, 2007 Planning & Zoning Commission meeting to review the application by Paul Swanson Associates Inc. (the "Petitioner"), regarding the property located at 309- 17 W. Prospect Ave. (the "Subject Property"). The Petitioner is seeking: l} Conditional Use approval to allow dwellings on the ground floor, and 2) Variations for the front and rear setbacks and the building height. The P&Z Commission hearing was properly noticed in the October 10, 2007 edition of the Journal Topics Newspaper. In addition, Staff has completed the required written notice to property owners within 250-feet and posted Public Hearing signs on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located at the intersection of Prospect Ave. and Elmhurst Avenue, north of Busse Avenue, and currently contains an unimproved grassy lot. The Subject Property consists of three lots of record and has an irregular triangular shape. It is zoned B5 Central Commercial and is bordered by the RA Single Family District to the south, B5 Central Commercial to the west and east, and the Metra rail road tracks to the north, across Prospect A venue. 4-hour on-street parking is available along the north side of Prospect A venue, and 2-hour on-street parking is available on Busse Avenue, Elmhurst Avenue, and the south side of Prospect Avenue. SUMMARY The Petitioner's proposal includes redevelopment of the site as a 3-unit rowhome development. The various elements of the proposal are outlined below: Conditional Use for a Planned Unit Development - The Subject Property is zoned B5 Central Commercial, which is intended to accommodate retail and specialty shops, and business, professional, and civic uses characteristic of a traditional downtown area. The Petitioner is seeking a Conditional Use permit because the development has dwellings on the first floor. The project would be a permitted use and not require a Conditional Use permit if it included a retail component on the ground floor. Site Plan - The attached site plan illustrates the proposed layout for the 3-unit rowhome development. The development consists of one building with the front elevation along Prospect Ave. and the rear elevation along PZ-38-07 Planning & Zoning Commission meeting December 13, 2007 Page 3 Busse Avenue; vehicles will access to the development from Busse Avenue. The orientation of the Subject Property to the surrounding properties dictates classifying the Prospect A venue property line as the front lot line. Although the Subject Property is zoned B5, some setbacks regulations are applicable to the project because the existing buildings on Prospect A venue were developed with a front setback, which dictates the rowhome development having a front setback (Sec. 14.1905.B). Also, the single family residences to. the south triggers a transitional setback requirement (Sec. 14.l905.F). The following table lists the Bulk Regulations for the B5 District, and the italicized text denotes setbacks that require relief from the Village's Bulk Regulations. ard Building Design - The enclosed elevations indicate the architectural composition of the rowhomes. The units are 3-story rowhomes, with attached rear loading garages on the first floor, and a balcony above it. Each of the rowhome units would have a separate entrance, a two-car garage, and the ability to park two cars behind each garage. The development includes a 10'xI2' patio for each unit along Prospect Avenue. The Petitioner prepared elevations to indicate the general look of the building. The building materials for the exterior elevations include face brick and decorative CMU on the ground floor. The elevations indicate the front elevation will include expansive windows, sliding glass doors, and a wrought iron "Juliet" balcony. The rear elevations include the balcony, accessed by a sliding glass door, several typical windows, and the 2-car garage door. The proposed east elevation (Prospect/Elmhurst intersection) calls for mostly a solid wall comprised of brick face and decorative CMU, broken up by one window. As that is a highly visible elevation, Staff recommends revising it to include multiple decorative windows and or some sort of design elements that create architectural interest. In general, Staff finds the elevations to reflect a single family detached design, not in keeping with a traditional downtown rowhome design. The building will have a peaked roof and the HV AC equipment would be located at grade, adjacent to the garages. The height of the building measured at the midpoint is 31.25' which requires relief from the Zoning Ordinance as the height limitation in the B5 District is 30' from the mid-point of the roof. The Petitioner's plans indicate wall mounted lights will be installed. This was called out in response to the Police Department's requirements. Also, the Crime Prevention Unit requires that the addresses be installed under the photocell light fixtures and that the front and rear of the units display the address. This will ensure optimal visibility/identification for emergency vehicles. Parking - The Petitioner's proposal indicates each unit would include 3 bedrooms plus a recreation room in the basement, which could be converted to a bedroom or an office. The Village Code requires 2 Y2 parking spaces per dwelling unit (for multiple-family dwellings containing 3 bedrooms or more). The Petitioner's proposal contains a 2-car garage plus two driveway parking spaces per unit. In addition, on-street parking is available; however the on-street spaces are not available for overnight parking. Lot Coverage - The B5 District does not have a lot coverage limitation. However, the Petitioner's Development Data sheet indicates that the project would have approximately 24% lot coverage. The project is subject to all development requirements as detailed in Sec. 15.402 of the Village Code. PZ-38-07 Planning & Zoning Commission meeting December 13, 2007 Page 4 Landscape Plan - The Petitioner's landscape plan indicates that a variety of new landscaping materials will be planted throughout the development. The landscape plan indicates that shade and ornamental trees will be the primary screening material around the perimeter of the Subject Property. Flowering shrubs and Arborvitae will be installed along the foundation of the units and the patios. Engineering - The Petitioner submitted preliminary storm water detention plans as part of their initial submittal. However, the site is eligible to participate in the Village's 'fee in lieu or program (Sec. 16.606). The Petitioner is required to prepare site engineering plans as part of the Building permit process and Staff will review the plans at that time to confirm code compliance. COMPREHENSIVE PLAN DESIGNATION AND ZONING The property is located along a collector street and it is adjacent to 3-flat apartment building, single family residences, and offices. The recently updated Comprehensive Land Use Map designates the subject properties as Central Commercial, which calls for "a dense, intensive land use pattern focusing on an urban style of development and architecture." The Comp Plan further notes that the Central Commercial areas should contain a mix of land uses, allowing for high density residential developments. GENERAL ZONING COMPLIANCE As previously noted, the proposal does not comply with the B5 Bulk Regulations. The following table provides zoning district information for the property's proposed zoning classification and summarizes the proposed setbacks. Zoning District B5 Pro osed VARIATION STANDARDS The standards for a Variation are listed in Section l4.203.C.9 ofthe Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Variation. The following list is a summary of these findings: · A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property; · Lack of desire to increase financial gain; and · Protection of the public welfare, other property, and neighborhood character. Prior to accepting this proposal, Staff met with the Petitioner several times. The project went through several modifications to create a design that works within the physical site constraints of an irregular lot shape and the required transitional setbacks. PZ-38-07 Planning & Zoning Commission meeting December 13, 2007 Page 5 The Zoning Ordinance requires a front and rear setback although the property is zoned B5, a district that typically does not have setback requirements. One of the reasons for the proposed rear setback Variation stems from the Petitioner providing a 3-foot interior side yard setback and wanting to preserve green space along the east lot Jine. Per Code, the buiJding couJd be built up to the side lot lines, but the Petitioner decided a 3-foot setback wouJd be more appropriate as the residents may appreciate allowing for some ventilation and or window access. If the building had a O-interior setback, the buiJding could be shifted west, creating less of an encroachment into the rear yard. However, the balconies would still encroach into the rear setback. The balcony and patio encroachments will have a minor impact on the adjacent properties and the character of the neighborhood because, while each are technically structures, the patios and balconies are unenclosed and would remain unenclosed. The Petitioner included a peaked roofline to be in keeping with the adjacent single family residences. However, in order to have the peaked roof and still have adequate ceiJing heights, relief from the maximum building height is required as the building measure 1.25-feet more than the maximum height permitted in the B5 District. The Petitioner has the option of reducing the ceiling height from 9-feet to 8-feet for the main floor, but it was expJained to Staff that the additional foot creates a roomier, bigger space, which is integral to the rowhome design. CONDITIONAL USE STANDARDS The standards for ConditionaJ Uses are listed in Section 14.203.F.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Conditional Use. The following list is a summary of these findings: · The Conditional Use will not have a detrimentaJ impact on the public health, safety, moraJs, comfort or general weJfare; · The Conditional Use will not be injurious to the use, enjoyment, or vaJue of other properties in the vicinity or impede the orderly development of those properties; · There is adequate provision for utilities, drainage, and design of access and egress to minimize congestion on Village streets; and · The request is in compliance of the Conditional Use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. The proposal is not consistent with the surrounding land uses aJong Prospect Avenue. The predominant Jand use aJong Prospect between Central Road and Rt. 83 is retaiJ and office. Staff believes that the Subject Property is best suited for a mixed use project with offices on the first floor or as an office only development. RECOMMENDA TION The proposed ConditionaJ Use and Variation requests fails to meet the standards for each request as listed in the Zoning Ordinance. Based on these findings, Staff recommends that the Planning & Zoning Commission deny the following motion: "To approve: J) a Conditional Use permit for a 3-unit rowhome development subject to: a. The three (3) separate lots must be consolidated. PZ-38-07 Planning & Zoning Commission meeting December 13, 2007 Page 6 b. The right of way at the intersection of Busse A venue and Elmhurst A venue should be squared off. The curved sidewalk should be removed, and new sidewalk along Busse A venue should be installed to the corner. c. Development of the site in general conformance with the site plan and landscape prepared by Paul Swanson Associates, dated November 8, 2007; d. Development of the units in general conformance with the floor plans prepared by Paul Swanson Associates, dated November 8, 2007; e. Development of the elevations in general conformance with the site plan prepared by Paul Swanson Associates, dated November 8, 2007 but revised so the east elevation includes architectural interest; f. Prior to obtaining the first Certificate of Occupancy, the Petitioner must submit homeowner's association documents for Staff review and approval that include text stating on-street over night parking is prohibited; and g. The Petitioner shall construct all units according to all Village Codes and regulations, including, but not limited to: the installation of automatic fire sprinklers. 2) Variation approval to allow: a) 13' front yard (Prospect Avenue) b) 25' rear yard (Busse Ave.) c) 31.25' building height (midpoint)." The Village Board's decision is final for this case, 309-17 W. Prospect Avenue, Case No. PZ-38-07. I concur: ~~~~ ~, William J. ooney, AICP, lfector ofCommumty Development Ijme H:\PlAN\Planning &. Zooinl COMM\Paz 2007\StaffMcmo\PZ.38..o7 MEMO (J09-13 W Prospect Ave townhomc project Conditional Use).doc \L...[;"'S~ \l/e,/67 'P'0(l. WMme"":f$ VILtA<Jn-'OF-M-otJNT PROSPECT COMMUNITY DEVELOPMENT DEPARTMENT - Planning Division 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone 847.818.5328 FAX 847.818.5329 Application for Conditional Use A.pproval ."MoUnt~-:c '. rs.. ..,.... ;:.~jTbt.::'...:;~::;:;";;;:ii\,::;;.;:'d;"',,,,:::: .:. ~-'::];i::'i;;;.,:,;c;;""',,:,; ..,- ,'. i. ." ...,.. 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VAr~-A~' Front Rear Side Side ~ - - - - i: Building Height Lot Coverage (%) Number of Parking Spaces i - - - - Adjacent Land Uses: North South East West ~ R 12..1fz~K~ t2..A ?1NbLe ~ ~~ tf) t't'\ 'tV./ L "85 \1'\11l-...i l=A1oIf. ... Tax I.D. Number or County Assigned Pin Number(s) CI) ~ O~ - \ t -1.tJ'5' -" I 0 .- ~()f)tJ , tJ~.... H- W;"'OII...t>teo j DB-~\ -20~-O(,2 -eooc I . ~ CI) 8 Legal Description (attach additional sheets if necessary) LOTS 40, 41 AND 42 IN H. ROY BERRY CO.'S COLONIAL MANOR, BEING A SUBDIVISION OF PART OF niE NORTHEAST 1/4 OF SECTION II AND PART OF tHE NORlHWEST 1/4 OF SECTION 12, ALL IN TOWNSHIP 41 NORm, RANOE II EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY,ILLINOIS. - 2: Name VA-u\... ~w'^l\J ~"O~ Telephone (day) 0 ~47 - "1 {) - hi l () ... ~ i, Corporation l' -Au L. ~~'A N~,.J ,6.I77t>". I iJ G. Telephone (evening) ~- 2: ~ Street Address Fax ~'1-~1/)- b7t3 I ....- 401 t;::..?~"P~T *\!~ Q~ ~< City l' State Zip Code Emllil ? ~A 4171 e .f>~ &; \."GAL. 01 = WI ~ Ob~'p-ec..1' H- bbP5l~ . t.J~"f' ~ ~ Interest in Property = ~ON~^~l ~v~C~~S~~ · V'" '-V''''''~'VI 0 - ~ Name o A' ~-t..--V--t-A- .m~.,.~.Oh Telephone (day) .- ~41- '111 -q;~9 --'----. ... . '.... i ~ Corporation - Telephone (evening) ~~ - II H Street Address qe/., if . ''F"A:( 17- ," e w Fax: - ~I City State Zip Code Email ~ .u AD-l..~ ,J'{1otJ #bi? b t'1)f)~" - ~ l(.., Developer 1/AvL- 4wi/'(~t>J ~'t1-107D..b i lO Name Telephone (day) - Address 4t>1 S .1I~feor ~e- Fax ~4"-~7t>-'113 ""1'.. \?~bf'!6'!" ) I (.... . b/;thb_ 'PM 4l>leS'0G. Email 6i-D~ t.... OtSi" Attorney .. Name ~ Telephone (day) /' - Address Fax " Email , Surveyor ~t:>'HN .-tte N '12- \ l<. ~a hi Telephone (day) ~7.- 11~- t>lol z Name 81 -- i~ Address r;7~ t;:.. tJ\\J "'h'"( Fax f6+7 - ij'?- t93~ ~ .~ -- 1:>e.~ 1='&.A.,ue.~ 1 L /HJ I ~, . JotWt+eN1Z.l fC~~N<?-S~ 6-~L. CIl o rJ I - Email .. UJaT ~~ ~ ~~ - , Engineer Name 17e,Ac(2..~N ~W~,* ^~t)(.~. 1,Jl:, Telephone (day) ~1- 3b7-/Q7()7 08- ,k), WI t.J"-f1e ~ re:(Z. 121:> "" rrt 1/) ~ ~i l ~ J7t) ~.,.~ 3b7- '2.~7 ~~ Address Fax UI l-'1S'~n.1'iVIVt.-e I I v.. ~./)1)4fJ < = Email Arthitect ~ t;w,ll:~ 1j;()}.J It ~5~t, Jo ,,J f::- ~'1-' 7P-h1 Jl) Name AUL- Telephone (day): Address ~ 0' ~..17p.Mf'UT -Ic1Ie Fax '6~1-{p7[)-b; 13 V\1"f, 17rn~l'e"" I ,,,,, tJ()I)~ b f ~ 4D1 e ~JU..bLIi8,\L.. tJ~r Email Landscape Architect. : Name ~I<u;e~/ fZ"("J A"J,~~.. _ Telephone (day): 3,'2.- "ls-\.. ~U( "2; , Address N. ~AtJp'6tJ~ :fe~_ Fax "3(2- 3"31- .?~t> t.#i I ~ \... ~t)hIO . Email Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois ,- ............ .&... ... _.. . .. &. -.... Phone 847.818.5328 Fax 847.818.5329 ... ....-.............. n.... "'^"'" ,^,. Setbacks: Front I Rear I "2. '5 '8~D z.s; Ije tt>(2.lJEt2 ~\.. Buil~ng Height Lot Coverage (%) Number of Parking Spaces .~ W)EAr-) \U>Sf '24 t "Z ~p ~r , Please note that the application will not be reviewed until this petition has been fully completed and all rbquired plans and other materials have been satisfactorily submitted to the Planning Division. Incomplete submittals will not be accepted. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staff so that materials can be reviewed for accuracy and completeness at the time of submittal. Q ~ r.~ o~ U C/}9 E-o u -< ~:z Co C/}- QE-o ~~ ="0 ~~ =.. Proposed Conditional Use (as listed in the zoning district) Describe in Detail the Buildings and Activities Proposed and How the Proposed Use Meets the Attached Standards for Conditional Use Approval (attach additional sheets if necessary) t .. tze7 \'Oec\J'Tlfd.oo ~E "rJ \ 7:! 1F ~rz.. '2. \( A\'Z.-IANC~~ : A') rPf)rJ-r 'iM'Tt> ~~1" ~K CD~\Ju.o'DoJ'1"Te 2?' L to?' 'IMINX-ti ~M~t.o;IA'" ~r~ "Cl"\ .p \ I. ,.. $,) 1bl-~ \ \E=) 1~11~\~ l\ ~..S'''^~ II I, Ill.) e'j ~\'2. YM"P LTI'2A,.".,rn610l\.L--)?6 t-~~~ cD 'BUI 1.-'01 pj ( -se ts/U.le \1.') -rl> '27 I L 6" \~PI1"\~FOt>~ +lbT ~80~ 3> f D mcNJ ~ (~:,~~;~ 30' Hours of Operation '7 t)f' ~i= 6 ~(~-e II ,.) Address(es) (Street Number, Street) Site Area (Acres) .23~ iJA: Property Zoning %~ Total Building Sq. Ft. (Site) 7 '2..,pt) 1F Sq. Ft. Devoted to Proposed Use 72&19 ";-r Side ~ In consideration of the information contained in this petition as well us all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized reprc:sentative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agents permission to enter on the property during reasonable hours for visual inspection of the subject property. I hereby affirm that a 'nfo mation provided herein and in all materials submitted in association with this application are true and accurate to the best y owledge. Applicant Print Name \7E. VI~ u /~ l~-r Date If applicant is not property owner: I hereby designate the applicant to act as my agent for the purpose of seeking the Variation(s) described in this application and the associated supporting material. Property Owner \21:9 1..l.-"(tJ ~ t, I "'VIA W\-E.'"1~n~ _ Date Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois www.mountprospect.org 3 Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 DEVELOPMENT DATA 1118/07 PROPOSED THREE UNIT TOWNHOME DEVELOPMENT 309-313 W. Prospect Avenue EXISTING ZONING LAND AREA B-5 10,002 SF BUILDING AREA 3 DU @ 2400 SF EACH (Three Floors @ 800 SF/DU) 7,200 SF FAR LOT COVERAGE PARKING .72 .24 12 Cars Interior 6 Exterior (Guest Parking) 6 TRASH Handled individually as single family homes BUILDING HEIGHT 30' VARIATION/CONDITIONAL USE'REQUIRED 1. Residential use on first floor 2. Front yard setback variance along Prospect Avenue a) Building to 25' b) Patios to 13' 3. Building height - 36' to top of roof 4. Rear yard setback - 5 ' Variance for building and balcony at southeast corner of building. VILLAGE OF MOUNT PI~C)SPECT COMMUNITY DEVELOPMENT DEPARTMENT - Planning Division 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone 847.818.5328 FAX 847.818.5329 Application for Conditional Use Approval MoUnt ProspeCt ~ - z o ..... ~..~ ZZ= 00 r_ ~ ....IS ~o ><- ~... .~.". Address(es) (Street Number, Street) . "3 '* 3r3 ~v.. "':PlZO?pe.cr A v&: ::, VAC-.I\.U r L.or<S ; 30'1 I . 1 \ Site Area (Acres) Property Zoning Total Building Sq. Ft. (Site) ~2. ~ ttG- -B~ ~c.-AtJr Setbacks: VAr'~AN' Front Rear Side Side Z - .- ~.--, - 0 .... p.. Building Height Lot Coverage (%) Number of Parking Spaces < - ~ - - - 0 Adjacent Land Uses: ~ North South East West Z .... R 12.. ~~K"J 'RA ~\lJbu:. ~ tt:,!? t...t- t't'\ '1't,i L 13~ miil'::.; t:A#-I1. ~ p.. Tax I.D. Number or County Assigned Pin Number(s) .... rn t,;I OB-\ {-20'S -()IO .--~()BO , t)f3-- j i- 2Ih ....0' i '-"~"i-~ ~ DB-l\ -205'-01"2 -b"'tiOC ~ I ) ~ p.. rn .... >< ~ Legal Description (attach additional sheets if necessary) LOTS 40, 41 AND 42 IN H. ROY BERRY CO.'S COLONIAL MANOR, BEING A SUBDIVISION OF PART OF TIiE NORTHEAST 1/4 OF SECTION II AND PART OF TIlE NORTHWEST 1/4 OF SECTION 12, ALL IN TOWNSHIP 41 NORTIi, RANGE II EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. z Name VA-0L- ~~^N ~"O,J Telephone (day) 0 ~4'7... ,"'1 D - hi l C) .... --_.- <- Corporation--~r-------- --------- - u.__ ----... - - -- --t----.. -- _ __n Telephone (evening)- ---- ------------------- __ _0. .0_ il Au/.. S"\rA/\,j~..J ~."'. II'; t:..- . 0_ lie fa Street Address Fax Z to) <<A-i -i1&'- .... .- 401 :t::. ,:ri2Vi?~ 1 ~\i'r;- 6 -7t.3 QQ.. Z c. ~< City. . "r State Zip Code Email 'p ,,; A 4ei (2 ~S,l, b '-tit;A l- 01 WlC J'U)~-pet,-r b tO~fJ.' =: ~t..-- .. ~;r'l ~ ~ - U Interest in Property < L-OiUTIZ-^" -r t'1,) \~C.'h-A.S~ c::z.... = -- - Z Name R t j.,-~)'tJ ~ I:J HAlt A tn l$1 E.r2.t7 Telephone (day) 0 ~4T.- Cl1'1 -Ci;5<{ ... Eo< ~ I Telephone (evening) .. Corporation u --' o ~ II ~o ~~ Street Address Fax: ~~ eft L. t: . 'r:A.<p. view' o .. -- g;Q.. t.:)1 City State Zip Code Email ~ U Ap.l.-~ tJ'11DtJ 4tb\? b &llt)tJ '- < ~L-- = - Developer VAvL- ~~u1\.k.Y7t J Ltlr1- l;7D -611 C) Name Telephone (day) Address 4t?1 ~ ~ 'VtU'tJ'feGf Avj? Fax 'iJ41-{c/1 D -b1 t3 i'Vrr. '\?~~L;~iJr j p.... (;"V-~-b r~ L\b'c2.:S'BG> 't7: . ," Email bt-CYAL.. IJc;:-T Attorney Name /~ ,- Telephone (day) // Address Fax ~ Email Surveyor - ~\DhN ~47' z Name .\'t€ tJ '\2.l K .s.1:i,..j Telephone (day) 717?- t)~1 0 .... I f- '" Address ~71v ~.. iJ\\J "'b", Fax ~+7- 1'Tl.?- 6>3t 'Z- <c; ~ .~ 1:>\2~ \'L.AiU~~ lL ~'b JotWtfEN12.l Kr,~~e~"8C &~ML. O~ I Email ' UET r-. 0 ~~ ~5 Engineer Ve.A(2.~ ~"2l!l.lJ~ *' .}lhtl6. .l'J& ;:> El Name Telephone (day) '641-- ;i.i7.-b1~7 ogo ; ~u & ~';b U).. (,(,~I tJL.riJ::bfe:tz. i'Z:D '3~rr~ 'W' 3b7- 2~7 ~ > Address Fax ~7- ~O UI L-. rg e n.. fi V I (..1...~ I I V,_ f" LJIJ4E> < = Email Architect -p, ~~~Ij.;J..J ~'1- b 7~-b'1l 0 Name AUL- A ~bt.O{,. ;. ; rJ c... Telephone (day): Address 401 ~,,17p.b~ul f(\/(!, Fax '64-1'-&7t>-b*1i3 V\1",(, 1?f1.ti~17et:i, tv bt)(Jf5 b l'~ 4e1 e'7BL.~SI\L..,,",t:r Email ----- -.- --.-.--"-..-...- Name------l-j.z:c13~/ (Z~AJA~'i;(,'-!C- ~ - Telephone (day): --3rr--(;bl\.,;.--3U"l- -- , Address j~2:1 N~ /)Atu"P'6l-'rzLr :fe~ Fax '3(.:z.... 3'5"1- .~~t) lAt~ \\, {g()f;lO J Email Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois Phone 847.818.5328 Fax 847.818.5329 ... Proposed Conditional Use (as listed in the zoning district) Describe in Detail the Buildings and Activities Proposed and How the Proposed Use Meets the Attached Standards for Conditional Use Approval (attach additional sheets if necessary) ---1,. :(2~~ l'pE1\] T i f\L UL.,6' ~I . . Q CLU \ ~'- 'F'- ~ . ~ ~ '2 _ \j At1..\ A".)t.,~ i,v 'Ht~"l '1' -A. it""\) '72 r 1St\~ "Ff2t'tv1 r.~ ",(,iU o~ .......\;\b AV'fE r2-^~ f3 'f.',,2t' AJ't ~Z,D t7E: r 'PA?\.~ {J JJ or rtt: l~(..."b\~ ><;J ~~ \. .. ov: ZG):j1 'Tt) ". . ~~ .i'} o&J \ \;.1J1.0~__~:F~) 2.'5 I ( \ ,15 '\rA/UA~G\ ~o ~l-O E--< b) 'VA1,t~ \2) \"21 (---- I. ; ) u \ 4. t;' 'II A f).>iA ~G . -< ~) 13AL t:l!~tt6 10 tC1,;; T ~ VAn,./A ,\Jw \ Hours of Operation 1 Address(es) (Street Number, Street) ~Z Total Building Sq. Ft. (Site) t::O Site Area (Acres) proB5 Zoning I Sq. Ft. Devoted to Proposed Use ~l-O _ 23.f2.{/ 7 tJtJo SF 7,tJt") ~ F- eE--< ~i Setbacks: Front ,'~' Rear i Side Side ~O '?O Nit /LrA Of;l.o . '2-' j..'~ ~~ Building Height l Lot Coverage (%) Number of Parking Spaces ~O .')5' to Please note that the application will not be reviewed until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Planning Division. Incomplete submittals will not be accepted. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staff so that materials can be reviewed for accuracy and completeness at the time of submittal. . In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agents permission to enter on the property during reasonable hours for visual inspection ofthe subject property. I hereby affirm th~ll~' ormation provided herein and in all materials submitted in association with this application are true and accurate to the b f knowledge. Applicant . . ~ . Date '1 J '2b I ()/ Print Name ~lh.... ~~O It ~..Y=;Ol-.J If applicant is not property owner: I hereby designate the applicant to act as my agent for the purpose of seeking the Variation(s) described in this application and the associated supporting material. ~~ Property Owner Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois Af-r1tttlE:t> ~tteE:-r Date ., Phone 847.818.5328 Fax 847.818.5329 'T'1"'\1"'\ OA'7 ':/.Q') ~f\hLl.. DEVELOPER PROFILE PAUL SWANSON PRESIDENT PAUL SWANSON ASSOCIATES INC. 401 E. PROSPECT AVENUE, SUITE 201 MT. PROSPECT IL 60056 Graduated from University of Michigan 1963 Bachelor of Architecture Professional Organizations: ALA Association of Licensed Architects NCARB National Council of Architectural Boards Licensed Architect: State of Illinois State of North Carolina Licensed Real Estate Broker: Illinois DEVELOPMENT EXPERIENCE OFFICE BUILDING DEVELOPMENT (Professional & Medical) VAL UE 2,800,000 SF $310,000,000 HOTEL RESTAURANT DEVELOPMENT $25,000,000 INDUSTRIAL DEVELOPMENT VALUE 4,200,000 SF $250,000,000 VALUE 1,200,000 SF $130,000,000 RETAIL DEVELOPMENT RESIDENTIAL DEVELOPMENT VALUE (Single family, condominium, townhomes, apartments) $55,000,000 ARCHITECT/DEVELOPER PROFESSIONAL BACKGROUND PAUL W. SWANSON 1963 - Graduate of University of Michigan with a Bachelors degree in Arch itectu re. 1965 - Joined ARTHUR SWANSON & ASSOCIATES, an architectural firm founded in 1940 by his father Arthur P. Swanson. 1970 - Founded PAUL SWANSON ASSOCIATES, a real estate brokerage and development firm. 1978 - Bought out ARTHUR SWANSON & ASSOCIATES 1985 - Co-founded CD GROUP, a design/build construction company which does an annual construction volume of $10-20 million per year. 1986 - Founded the DEVON GROUP, a real estate development company to develop and manage condominium, apartment, townhouse, office and retail properties in the Chicago area. 1990 - Founded PAUL SWANSON ASSOCIATES INC. , an architectural design firm, successor to Arthur Swanson & Associates. PAUL W. SWANSON is a registered architect and president of PAUL SWANSON ASSOCIATES INC., successor to Arthur Swanson & Associates, Ltd., an architectural firm with over 40 years experience in the design of commercial and residential properties. Mr. Swanson has been involved in real estate development for the past twenty years. Some of his completed commercial developments include: · One Northbrook Place, a 200,000 SF office building in Northbrook, IL. · Northbrook Tech Center, a 70,000 SF high tech industrial project in Northbrook, I L. · Renovated the Americana Inn in Des Plaines, IL to a 150 room Comfort Inn (Quality Inn franchise). . Development of a 204 unit luxury apartment complex in Arlington Heights, IL. . 132 unit condominium conversion in Burr Ridge, IL. ARCHITECTURAL/DEVELOPER BACKGROUND PAUL W. SWANSON Page 2 . In partnership, converted an industrial building in Rosemont, IL into his offices and leased the remaining office space. In addition the firm has provided architectural and construction services as well as construction management supervision to other developers and financial institutions, including a joint venture of an eight story, 300,000 SF office building in Schaumburg, IL for Mutual of New York. Mr. Swanson has designed/developed over 6 million square feet of office, industrial and commercial properties, and his unique professional experience as architect, contractor and developer gives a special insight and ability to deal effectively with today's complex real estate industry. OFFICE FEASIBILITY STUDY A. Professional Office Development 1750 SF One story building on slab 7 Car Parking Land Cost $200,000 + $20,000 carry Hard Costs* Building Shell & Site 1750 SF x $155/SF = Interior Build-out 1750 SF x $65/SF = Total Hard Costs Soft Costs Architecture, Engineering, Legal, Accounting, Construction interest, R. E. taxes, etc. 20% x hard cost = Total Development Cost ($390/SF) Feasibility Required Rent Assume Rent 10% return $39/SF + $6/ SF CAM = Market Rent (Incl. $6/SF CAM) Study Result Unfeasible B. Medical Office Development 1400 SF One story building on slab 7 cars x 250 SF Land Cost $200,000 + $20,000 carry Hard Costs* Building Shell & Site 1400 SF x $155/SF = Interior Build-out 1400 SF x $145/SF = Total Hard Costs January 22, 2008 $220,000.00 $271,000.00 ~114.000.00 $385,000.00 $ 77,000.00 $682,000.00 $44/SFG $16-$20/SF $220,000.00 $217,000.00 J203.000.00 $420,000.00 Soft Costs Architecture, Engineering, Legal, Accounting, Construction interest, R.E. taxes, etc. 20% x hard cost= Total Development Cost ($517/SF) $ 84,000.00 $724,000.00 Feasibilitv Required Rent Assume 10% return $52/SF + $8/SF CAM = Market Rent $60/SF $35-$41/SF Study Result Unfeasible *Hard cost estimates by CD Group Contractors ./ lb I { ~ ~ '" ~ ~ , 3 r r I . r "., j OJ;. t FEASIBILITY STUDY THREE TOWNHOMES Land Cost Hard Cost Building 60'x 40' = 2400 SF/FL x 3 = 7200 SF - 1200 SF of garage area = 6000 SF x $105/SF = Landscaping Total Hard & Hard Cost Soft Cost Architecture, Engineering, Legal, Accounting, Interest & R.E. tax during construction, etc. 20% x $630,000 = Total Development Cost Income Gross Income 3 x $475,000/DU = Marketing 6% x $1,425,000 = Net Income Profit January 22, 2008 $220,000.00 $630,000.00 $ 20,000.00 $870,000.00 $126,000.00 $996,000.00 $1,425,000.00 J - 85,000.00 $1,340,000.00 $344,000.00 CBRE CB RICHARD ELLIs Mark C, Smith Senior Vice President 20 N, Martingale Road, Suite 100 Schaumburg, IL 60 I 73 CB Richard Ellis, Inc, Office Properties T 8477064916 F 847 706 4959 mark,smith@cbre,com www.cbre.com February 28, 2008 RE: Office Development, .309 ~ ProspectAvenue, MI. Prospect, IL Dear Mr. Swanson: I have reviewed your concept plan to develop either a 1750 SF single story professional office building or a 1400 SF single story medllcal building on the subject parcel. I would strongly advise you not to do either. In general, the northwest suburban market and in particular the Mt. Prospect area has.a large vacanCY factor,. and had very little net absorption in 2007. The prospects are no better for 2008. Specifically, your site is too small to be economically feasible, and its location, although it is within walking distance to the train, is in a secondary (arbest) location. It would be very difficult to market effectively, In conclusion, because of the high cost of construction and the reasons stated above, I would recommend you not develop any commercial on this parcel. Sincerely, CB RICHARD ELLIS Mark Smith Office Leasing Specialist CBRE ". Fourth Quarter 2007 METRO CHICAGO Suburban Office Market I -. NC?RTH~E~.~ ~Y.B.URBS _ 2.S.C?___._{_ _ 2~~ ~~~.!.08~. t- ~~~=~-:-l~2:; ...:~tr~~=~;~ . . 4,363,69.~ 1,8~6,~!~...._.. 2,~76,329 420,561 !66,651 643,950 210,705 11 ,996 5,230,254 2,510,663 '_"._ .__}!.f8~,~3~_ . _ _ ___~3..2,5~7. 16.7% 14.8% 19.8% _..... . ..t.. _. 14.0% \ Page 1 of2 Paul Swanson and Associates From: "RE/MAX Suburban Mt Prospect Office" <mtprospectoffice@resub.com> To: <psa401 @sbcglobal.net> Sent: Monday, March 17, 2008 5:26 PM Subject: Townhome Development March 17, 2008 Paul Swanson Assoc Inc 401 E Prospect Ave Mount Prospect, IL 60056 Dear Mr. Swanson, Thank you for giving me the opportunity to review your plans and drawings for the three town homes proposed for the corner of Prospect Ave, Elmhurst Ave and Busse Ave. Based on my 35 years of experience and expertise as a real estate broker, first with my own real estate company, National Sunrise Realty in Arlington Heights, and then since November of 2002 as a broker/associate with RE/MAX Suburban at 330 E Northwest Highway in Mount Prospect, I believe this is a first class project worth doing, that would fit perfectly into the vibrant new look Mount Prospect has started to create in the last several years. I have focused my marketing and branding in Mount Prospect as "Mr. Mt. Prospect" from the beginning of my career; and have listed and sold over 600 properties in Mount Prospect alone. When I reviewed what you intended to build, where you intended to build it and the price point at which you intended to be ($450-000-$500,000), I am genuinely excited and certain about your prospects for success, regardless of the general market conditions. I would be likewise excited about representing you as the broker. I was involved in selling one of the town homes just east of "Mrs. P & Me" a feV\' years ago. Those all sold for $515,000-$570,000 and yours are son1ewhat similar. The real estate adage of the three most important things in making real estate valuable is true in your project. That is location, location, location. Walking distance to town, train, shops, and stores is _ .L..-.!1 1 _ 1_ ~ _ __ 1_ _ _ ... _ ~ _1 ___ _ 1_ _ 1_ _ _ _ _ III T 11'1 .. '1 " .., .. .., , Page 2 of2 of high quality town homes fits perfectly with the overwhelming residential nature of the neighborhood. The idea of another small business building in that location leaves me cold. In my opinion, the aesthetics of the town home development enhance the look of Prospect Ave which I can't imagine being improved by a small commercial building. My best wishes for your success. I hope you get approval because it will be a big plus for Mount Prospect's image as well Sincerely, Jim Regan "Mr. Mt. Prospect" -- ", lctdesigl1 lenet crestani tallman design group, lie January 16,2008 Mr. Paul Swanson 401 E. Prospect Avenue Suite 201 Mt. Prospect, IL. 60056 RE: 309 - 317 Prospect fiscal impact analysis Dear Mr. Swanson: Per your request, attached please find the revised fiscal impact analysis for the proposed 309 - 317 Prospect Avenue townhome development. As you will note my analysis indicates a positive fiscal benefit to schools districts 214 and 57 and no impact on the Village of Mt. Prospect. The report also considers the impact of an office development on the subject property. As you will note, the townhomes provide a significantly greater benefit, especially to the school districts, than does the office development. If you have any questions, or need any additional information, please let me know. Sincerely, LENET, CREST ANI, TALLMAN DESIGN AI/( It 4) By: Steve Lenet, AICP/ ASLA President 401 North Franklin Street, Suite 5S · Chicago, Illinois · 60610 ?>l2-829-0080. 312-464-9415 Fax. www.lctdg.COlTl ] ,andscaDc ;\rchitecturc . Site Planning. Economic Dcvelopmcnt · Urban Dcsign · Comprehensive -- " let design lenct erestani tallman design group, He Fiscal Impact Analysis & Comparison of Development Alternatives for 309 -317 Prospect Avenue, Mount Prospect, Illinois The following study is an analysis of the general fiscal impact of the proposed 309- 317 Prospect Avenue on the various taxing bodies that provide services to the subject property. The subject property is located at the intersection of Prospect Avenue and Elmhurst Avenue, north of Busse Avenue The current proposal calls for the development of approximately of three townhomes. Each of the townhomes will approximately 2,400 square feet including the attached two car garage(s). Projected sales prices for each of the units is $465.000.00. This results in a total fair market value for the project of$I,395,000.00. It is important to note that the primary purpose of this study is to demonstrate the relationship between revenues and expenses that is attributable to the proposed development. All projected revenues and expenses are expressed in current dollars and are predicated on 2006 tax rates. Over time, the value of this development will rise, tax rates may fluctuate, and the cost of providing services will probably increase. This study makes no attempt to speculate on any of these variables, but rather provides a view of current conditions. Based upon our experience, we believe that in general the relationship expressed in this study between revenues and expenditures will remain relatively constant. In all likelihood the three townhomes will be sold within a twelve month period, however, for the purposes of this study it is assumed that the development is fully occupied. This scenario is chosen since tax rates, expenditures and school funding will undoubtedly change. Since the purpose of this study is to explore the relationship between revenues and expenses this is a rational methodology. Because this study must of necessity rely upon 2006 property tax rates as well as current Village of Mount Prospect budget figures, and School District 57 and School District 214 costs to educate students, this study will, as noted earlier, hypothesize that the development is fully built and occupied. While the fair market value of $1,395,000.00 is a reasonable estimate, it has been our experience that the Cook County Assessor rarely uses the fair market value as projected. Therefore for the purposes of this study we have reduced the fair market value by ten percent to $1,255,500.00. Residential units as in this subject development are assessed at 16% of fair market value in Cook County. This results in an assessed fair market value of $200,880.00. The current state equalizer for Cook County is 2.7076; as applied to the subject property this results in an equalized fair market value of $543,900.00. 1 Table 1, on the following page indicates the projected property tax revenues to the various taxing bodies serving the subject development. 1 All numbers are rounded to nearest whole five dollars 401 North Franklin Street, Suite 5S .. Chicago, Illinois" 60610 .'>12-f529-0080 .. 312-464-9415 hlX .. www.lctdg.col11 J .anuscane ,\rchitecture .. Site PJanninl.!" Economic Deyc]onment .. Urban Desil.!ll .. Comnrehensive -- " let design lenct ercstani tallman design group, He TAXING DISTRICT TAX RATE EST. REAL ESTATE TAX. VILLAGE OF MT. PROSPECT 0.846 $4,600 SCHOOL DIST. #57 2.694 $14,650 COOK COUNTY HEALTH FACILITY 0.103 $560 Mt. PROPECT SPEC. SER. AREA 5 0.118 $641 HARPER COLLEGE DIST. 512 0.288 $1,565 HIGH SCHOOL DIST. 214 1.823 $9,915 WATER RECLAMATION DIST 0.284 $1,545 ELK GROVE GEN. ASSISTANCE 0.009 $50 ELK GROVE TWP.ROAD & BRIDGE 0.009 $50 TOWN OF ELK GROVE 0.044 $240 MT. PROSPECT PARK DISTRICT 0.474 $2,580 MT. PROSPECT LIBRARY FUND. 0.482 $2,630 CONSOLIDATED ELECTIONS 0 $0 SUBURBAN TB. SANITARIUM 0.005 $30 FOREST PRESERVE DIST 0.057 $310 COUNTY OF COOK 0.287 $1,560 COOK COUNTY PUBLIC SAFETY 0.130 $710 N.W. MOSQUITO ABATEMENT 0.009 $50 I TOTAL 7.6421 $41,565 I *ROUNDED TO NEAREST WHOLE FIVE DOLLARS 401 North Franklin Street, Suite 5S · Chicago, JIlinois · 60610 312-829-0080 · ,112-464-9415 Fax · ww\v.lctdg.com I,andscape Architecture · Site Planning · Economic Dcvclopmcnt · Urban Dcsign · Comprehensive -- " lctdesign lenet ercstani tallman design group, lle VILLAGE OF MT. PROPSECT FINANCIAL IMP ACT ANA YL YSIS: For purposes of this analysis expenses are estimated using a proportionality ratio method. This methodology assumes that the Village ofMt. Prospect expends an identical sum to provide services, such as police patrols, public works and administrative services throughout the village regardless of the land use the streets serve. The Village of Mt. Prospect Comprehensive Plan indicates a current population of 56,265 resident to whom the village provides services. The subject development is expected to generate a total population of seven residents represents approximately 0.00012% of Village population. The Village ofMt. Prospect operating budget for 2006 was approximately 48.6 million dollars. Proportionally, this would represent an annual expenditure of $5,800.00 to provide services to the three proposed townhomes. Real estate tax revenues to the Village ofMt. Prospect from the project are estimated at $4,600.00. Revenues from other sources including local sales tax rebates from the state, photo-processing sales tax, income tax redistribution, motor fuel tax, fines and penalties, franchise fees, 911 line charge, utility tax revenue, and interest revenue have historically averaged $200.00 per resident, or approximately $1,400.00. 401 North Franklin StlTet, Suite 5S. Chicago, lllinois. 60610 .')12-829-0080 · 312-464-9415 Fax · www.lctdg.com Landscape Architecture · Site Planning · Economic Development · Urban Design · Comprehensive -- " lctdesigll Icnet crestani tallman design group, lie SCHOOL(S) FINANCIAL IMPACT ANALYSIS: In most Cook County suburbs, the local school districts will account for 50 to 75% of the real estate tax bill. In the current analysis, School District 57 and High School District 214 account for 59% of the total real estate tax levy. Table 1 below entitled "Adults & School A2ed Children Per Household" utilizes demographic data complied by the Illinois School Consulting Service ofNaperville, Illinois. Currently it is anticipated that the three townhomes will feature two bedrooms and an office and/or flex space, we have calculated the projected population using both two and three bedroom projections. Annual Fiscal Impact to Hi2h School District #214 The proposed development is projected to enroll no high school students. Property tax revenues are estimated at $9,915.00 annually. Annual Fiscal Impact to Elementary School District #57 The proposed development is projected to enroll no more than one student. Revenues from real estate taxes are estimated to be $14,650.00 annually. TABLE 1 u s c 00 l2e I ren er ouse 0 Type of Unit Elementary Grades High School Total Population k- 8// Ages 5-13 Grades 9-12 Alternate One 0136 x 3 0.038 x 3 1.990 x 3 (3)2 bedroom townhomes o elementary school o high school 6 adults Students students * Alternate Two 0.292 x 3 0.059 x 3 2.392 x 3 (3) 3 Bedroom townhomes 1 elementary school o high school 7 children & adults students student Ad It & S h I A d Ch Old P H h Id Source: Illinois School Consulting Service, Naperville, Illinois. * All projections rounded up to nearest whole number. 401 North Franklin Street, Suite 5S · Chicago, Illinois · GO(; 10 312-829-0080 · 312-464-9415 Fax · WW\\ .lctdg.com J ,andscape Architecture. Site Plannin.g · Economic Deyelopment . Urban Design · Comprehensive ~~ .. let design lenet crestani tallman design group, lie AL TERNA TIVE DEVELOPMENT ANALYSIS: The Village planning staff has raised the question as to whether offices might be a more appropriate use for the subject site. A preliminary site plan, appended to this report, indicates a maximum gross leasable area (GLA) of 1,750 square feet. The GLA is a function of the number of parking spaces the site can support and the recognition that market conditions will not support the costs associated with under ground parking or an elevator. Office rentals in the Village of Mount Prospect for similar offices are averaging $15.00 per square foot. Older offices, such as in those to the east on Prospect Ave., are averaging $10.00 per square foot. Therefore, we believe an annual rent of $15.00 per square foot is reasonable. This would result in a capitalized fair market values of $250.00 per square foot. This results in a fair market value for the offices of $250,000.00. In Cook County office space is assessed at 40% of fair market value. While the fair market value of $250,000.00 is a reasonable estimate, as with the residential assessment it has been our experience that the Cook County Assessor rarely uses the fair market value as projected. Therefore for the purposes of this study we have reduced the fair market value by ten percent to $225,000.00. The current state equalizer for Cook County is 2.7076; as applied to the subject property this results in an equalized fair market value of $543,900.00. Table 2, on the following page indicates the projected property tax revenues to the various taxing bodies serving the subject development. Therefore, the equalized assessed valuation (EA V) for offices would be $243,685.00. 401 North J.'ranklin Street, Suite 5S · Chicago, lllinois · 60610 312-829-0080 · 312-464-9415 hlX · www.lctdg.com ] ,andscapc ;\rchitccturc · Site Planning · Economic Dcyc!opmcl1t · Urban Dcsign · Comprchensiyc ~~ .. let design. lenet erestuni tullman design group, lie TAXING DISTRICT TAX RATE EST. REAL ESTATE T AX* VILLAGE OF MT. PROSPECT 0.846 $2,060 SCHOOL DIST. #57 2.694 $6,560 COOK COUNTY HEALTH FACILITY 0.103 $250 Mt. PROPECT SPEC. SER. AREA 5 0.118 $290 HARPER COLLEGE DIST. 512 0.288 $700 HIGH SCHOOL DIST. 214 1.823 $4,440 WATER RECLAMATION DIST. 0.284 $690 ELK GROVE GEN. ASSISTANCE 0.009 $20 ELK GROVE TWP.ROAD & BRIDGE 0.009 $50 TOWN OF ELK GROVE 0.044 $110 MT. PROSPECT PARK DISTRICT 0.474 $547 MT. PROSPECT LIBRARY FUND. 0.482 $1,175 CONSOLIDATED ELECTIONS 0 $0 SUBURBAN T.B. SANITARIUM 0.005 $15 FOREST PRESERVE DIST. 0.057 $140 COUNTY OF COOK 0.287 $700 COOK COUNTY PUBLIC SAFETY 0.130 $315 N.W. MOSQUITO ABATEMENT 0.009 $20 PROJECT OFFICE PROPERTY TAXES TOTAL 7.642 I $18,615 -ROUNDED TO NEAREST WHOLE $5.00 I I CONCLUSION: The proposed three townhomes will have a positive fiscal benefit to school districts 214 and 57 and will be a break even proposition for the Village of Mount Prospect. Furthermore the townhomes have a greater financial benefit to the school districts than the projected office development. In fact the fair market value of the office development would have to be more than one hundred percent greater than projected to have the same benefits. 401 North Franklin Street, Suite 5S .. Chicago, J1]inois .. 60610 312-829-0080" .)12-464..9415 Fax" www.1crdg.com J .andscape ;\rchitecture .. Site Planning" E':conomic Development.. Urban Design" Comprehensive 401 II. franklin street suite f)S chicago. il 60610 ;312.829.0080 www.letdg.com Icnct crc~tanj talln1an design group, lie L~llldSl~i.qH~ ArchittlclUl"l:' . Site Plauniug . ECOllOlUit' f)t'velOJlIUp.lll . Urban Dt'sign . Comprehensive Pl<llluing Steven M. Lenet, AICP / ASLA Education: . Bachelor of Science, Bradley University, Environmental Studies, 1968 . Master of Arts, Loyola University, Urban Studies, 1972 . Certificate of Completion, Community Shelter Planning University of Tennessee, Graduate School of Planning, November 1969 . Various courses in landscape architecture and landscape design at: . University of California, Berkeley, CA. . Illinois Institute of Technology, Chicago, IL. . Harvard University, Graduate School of Design, Cambridge, MA. Professional Experience: . Principal, Lenet Crestani Tallman Land Design, LLC Landscape Architects & Planners 401 N. Franklin Street Suite 5 South Chicago, Illinois 60647 (312)829-0080 stevel@lctdg.com June 2005, to present . Principal, Linden/Lenet Land Design, Ltd. Landscape Architects & Planners Chicago, Illinois January 1996 - June 2005 . Principal, Lenet Design Group Landscape Architects & Planners Chicago, Illinois July, 1984 - January 1996 . Principal, Leavitt, Matheson & Lenet Architects, Landscape Architects & Planners Chicago, Illinois December 1977 - July 1984 . Planning & Zoning Administrator, Village Of Palatine Palatine, Illinois October 1974 - December 1977 . Planner II, City Of Chicago Dept. of Development & Planning Chicago, Illinois November 1969 - October 1974 . Assistant Planner, Scruggs & Hammond Inc. Landscape Architects & Planners East Peoria, Illinois June 1967 - November 1969 1 ' . C t. (] (c. ';:1 . ~_..~. .",' ,,~. .' S. Lenet 2 Selected Clients & Projects: Governmental . Consulting Planner, Cook County, Illinois Prepared comprehensive amendment to Cook County Zoning Ordinance; Prepared Comprehensive Plan for unincorporated Cook County, the second largest county in the United States; introduced concept of "environmental review and environmentally sensitive" to County Plan. . Consulting Planner Peotone, Illinois Prepared prelirninary studies for Master Plan and major amendments to the Village's Zoning Ordinance. Attended all Plan Commission meetings and made recommendations on planning and zoning proposals. . Consulting Planner McCook, Illinois Prepared first comprehensive plan and new zoning ordinance for the village . Consulting Planner, Stone Park, Illinois Prepared first comprehensive plan and new zoning ordinance for the village with the largest Hispanic population in Illinois. . Consulting Landscape Architect, Kildeer, Illinois Retained to review all landscape design proposal and to advise Village Board on planning and landscape design issues. . Consulting Planner, Village Of South Barrington, Illinois Prepared prelirninary studies for Master Plan and major amendments to the Village's Zoning Ordinance. Attended all Plan Commission meetings and made recommendations on planning and zoning proposals. Prepared Open Space Plan adopted by Village Board. . Consulting Planner, Village Of Lemont, Illinois Prepared revised Master Plan and major amendments to the Village's Zoning Ordinance. . Consulting Planner, Village Of Oak Park, Illinois Prepared major revisions to Village's Zoning Ordinance to help revitalize historic commercial districts . Consulting Planner, Village Of Palatine, Illinois Prepared revised Master Plan and major amendments to the Village's Zoning Ordinance. · Consulting Planner, Village Of Streamwood, Illinois Prepared revised Comprehensive Plan and completely rewrote Village Zoning Ordinance; conducted training sessions for boards, commissions and building dept. personnel on zoning and code enforcement. . Consulting Landscape Architect, Village Of Glendale Heights, Illinois Designed parks and playgrounds, supervised improvements by Village staff and reviewed landscape design proposals. . Consulting Planner, Village Of Hainesville, Illinois Provided site plan review services and helped prepare major revisions to the Village's Zoning Code. . Consulting Planner & Landscape Architect, Village Of Addison, Illinois Prepared sub-area detailed plans for redevelopment of "Tax Increment Financing Districts. Aided Village in certifying TIF district. Prepared urban beautification plans for Lake Street corridor and primary entrance to the Village Hall, and landscape beautification plan for Addison Library. . Consulting Planner, Village Of Hodgkins, Illinois Prepared major revisions to the Village's Comprehensive Plan. . Land Planning and Landscape Architecture: United Land Development, Kildeer, Illinois Kemper Lakes Golf Club and Residences Prepared site plans and landscape plans for 300 acre golf course community. S. Lenet 3 . Gallagher & Henry, Countryside, Illinois "SpringCreek", Orland Park, Illinois Prepared site plans and supporting materials for the development of a 1,500 acre new town, including detailed designs and design criteria for a 60-acre "town center" containing neighborhood shopping, offices, governmental offices, specialty residential and a public square, as well as pedestrian and bike paths systems as connectors to the balance of the community. . Hiffman Shaffer, Anderson, Inc., Chicago, Illinois "Covington Corporate Center Office Research Park", Bloomingdale, Illinois Prepared site and landscape plans for 250 acre office research center. . Bigelow Homes, Palatine, Illinois A Tree House in the Park, Round Lake, Illinois. Prepared site and landscape plans for 220 unit award winning townhouse development. Professional Affiliations: . American Planning Association . American Institute of Certified Planners . American Society of Landscape Architects .Urban Land Institute . American Forestry Association . Metropolitan Association of Urban Designers and Environmental Planners PRO ~ PEe T A.V E N'.ij..~ . ,~. - ~ OF ~,'_' _"_ _ .'.:..' '_. . . ~~'.',~",,",,~.::--,.'_ ._.~."'.'.~"'._"_;. ;:'_:'~'..:.:._.....__. ;~ ~ -.:.. VICINITY MAP SURVEY 15 0 7.5 1$ JO (urPIZT) I lDcb .... 16 It. LOTS 40, 41 AND 42 IN H. ROY BERRY CO.'S COLONIAL MANOR, BEING A SUBDIVISION OF PART OF llfE NORllfEAST 1/4 OF SECTION II AND PART OF THE NORllfWEST 1/4 OF SECTION 12, ALL IN TOWNsmp 41 NORm, RANGE II EAST OF nm TmRD PRINCIPAL MERIDIAN, IN cOoK. COUNTY,ILLlNOIS. Laodacape P1I11lUII Shade T.... A AUf rrellllllll"AUlUIIIIl FlDwy" B Celdl accIclOlltaIIJ C Quemabico1or D Ulmus "Triumph" Omunemal. I MolUl "Rccl Jewel" Potio Shnlbo AI Tecbny AlI>oMoIo FOIlnclltion S1wbs Bb SpriJa r...belli Co HyclnD... Tudiva Dc Arrowood Vibuillum 3"eIl 3"eIl. 3" ell. .3" ell. 6' bBl 4' bet ]()'ll3O" 36" het 36"h... JaeobslJl,yaa AModates LaadKape Arc:hJtec:1I 152.7 North Sandbura Terrace. Cbl..",. 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AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND VARIATIONS FOR PROPERTY LOCATED AT 309-317 WEST PROSPECT AVENUE, MOUNT PROSPECT, ILLINOIS WHEREAS, Paul Swanson Associates ("Petitioner"), has filed a petition for a Conditional Use permit to allow dwelling units on the ground floor of a three unit rowhome development and Variations with respect to property located at 309-317 West Prospect Avenue ("Property") and legally described on the attached Exhibit "A"; and Property Index Numbers: 08-11-205-010,08-11-205-011,08-11-205-012; and WHEREAS, the Petitioner seeks a Conditional Use permit to construct a three (3) unit rowhome with dwelling units on the ground floor; and WHEREAS, the Petitioner seeks Variations to allow the following setbacks and building height: 13' front yard (Prospect Avenue), a 25' rear yard setback (Busse Avenue) and 31.25 building height (midpoint) as shown on the Petitioner's site plan and elevations dated November 8,2007. WHEREAS, a Public Hearing was held on the request for a Conditional Use permit and Variations being the subject of Case No. 38-07 before the Planning and Zoning Commission of the Village of Mount Prospect on the 2ih day of March, 2008, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the 10th day of October, 2007; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendation to the President and Board of Trustees of the Village of Mount Prospect in support of the request being the subject of PZ-38-07; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the requests herein and have determined that the requests meet the standards of the Village and that the granting of the proposed Conditional Use permit to allow construction of a three (3) unit rowhome with dwelling units on the ground floor and Variations would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The recitals set forth hereinabove are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: Approval of the Conditional Use permit is subject to compliance with the following conditions: A. Consolidation of the three separate lots as shown on Exhibit "A" B. Right-of-way squared off at the intersection of Busse Avenue and Elmhurst Avenue. Removal of curved sidewalk and new sidewalk installed along Busse Avenue to the corner; 13 Page 2/2 PZ-31-06 Page 2/2 PZ-38-07, 309-317 West Prospect Avenue C. Development of the site in general conformance with the site plan and landscape plan prepared by Paul Swanson Associates, dated November 8, 2007; D. Development of the units in general conformance with the floor plans prepared by Paul Swanson Associates, dated November 8, 2007 but revised so the east elevation includes architectural interest; E. Prior to obtaining the Certificate of Occupancy, the Petitioner must submit homeowner's association documents for staff to review and approve that include text stating on-street over night parking is prohibited; F. The Petitioner shall construct all units according to all Village Codes and regulations, including, but not limited to: the installation of automatic fire sprinklers. SECTION THREE: The President and Board of Trustees of the Village of Mount Prospect do hereby grant approval of a Conditional Use permit and Variations as provided in Section 14.203.F.7 and Section 14.203.C.7 of the Village Code, for a three (3) unit rowhome development with dwellings on the ground floor, all as shown on the Site Plan dated November 8, 2007 a copy of which is attached and made a part this ordinance. SECTION FOUR: The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance with the Recorder of Deeds of Cook County. SECTION FIVE: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED AND APPROVED this day of May 2008. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKO\files\WIN\ORDINANC\C USEV AR-309westprospectpz38-07may2008.doc Village of Mount Prospect Community Development Department Mount Prospect MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER '!~. ~tCu; 5/",}08 FROM: DIRECTOR OF COMMUNITY DEVELOPMENT FOR: VILLAGE BOARD OF TRUSTEES DATE: APRIL 25, 2008 SUBJECT: PZ-37-07 - PHASE 1 OF THE MOUNT PROSPECT TOWN CENTER (HEIMBAUGH CAPITAL DEVELOPMENT) The petitioner, Heimbaugh Capital Development, is seeking approval for a Conditional Use for a Planned Unit Development and a Building Height Variation for Phase 1 of the Mount Prospect Town Center, for the property commonly referred to as "the small triangle" and/or sub-area #1. The Planning and Zoning Commission conducted a public hearing to review the request on Thursday, March 27, 2008, and by a vote of 3-1, with two members absent, recommended approval of a Conditional Use for a Planned Unit Development and a Building Height Variation for Phase 1 of the Mount Prospect Town Center. Details of the proceedings and items discussed during the Planning and Zoning Commission hearing are included in the attached minutes. Please forward this memorandum and attachments to the Village Board for their review and consideration at their May 6, 2008 meeting. Staff will be present to answer any questions related to this matter. Hl~2~nbk. H,IPLANIPI<ll1lllllg & Zoning COMM\P&Z 2008\MEJ Mcmo\PZ-37-07 Dov,mtown Triangle Entertainment Dlstrict.doc MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-37-07 Hearing Date: March 27, 2008 PROPERTY ADDRESSES: 6-34 W. Busse Avenue, 12-20 W. Northwest Highway Busse Avenue right of way between Main Street and Wille Street and the easternmost 10' of the Wille Street right of way adjacent to the subject property PETITIONER: Homebrook Prospect LLC c/o Heimbaugh Capital Development Corporation PUBLICATION DATE: March 12, 2008 PIN NUMBERS: 08-12-102-057/058/030/059/060/061/062 08-12-107 -022 / 003/ 020 / 004 / 006 / 007 REQUEST: Conditional Use (Planned Unit Development/Mixed Use Commercial and Residential) MEMBERS PRESENT: Richard Rogers, Chair Leo Floros Marlys Haaland Keith Youngquist MEMBERS ABSENT: Joseph Donnelly Ronald Roberts ST AFF MEMBERS PRESENT: William 1. Cooney, AICP, Director of Community Development Brian Simmons, AICP, Deputy Director of Community Development INTERESTED PARTIES: John Heimbaugh, Mike Fitzgerald, Michael Worthman, Jonean Ford, Wilma Galassine, Carol Tortorello, Robert Gniech, Carl Johnson, James Grady, Joanna Challacombe Chairman Richard Rogers called the meeting to order at 7:30 p.m. After roll call, Chairman Rogers stated that they have the minimum amount of Planning and Zoning Commission Members for a quorum. In order for a case to receive a positive recommendation, a unanimous vote must occur. The voting for the minutes from the January 24, 2008 meeting were held over until the next meeting since only two members were present from that meeting. After hearing two previous cases, Chairman Rogers introduced case number PZ-37-07, a request for a Conditional Use (Planned Unit Development/Mixed Use Commercial and Residential) approval at 6-34 W. Busse Ave., 12-20 W. Northwest Hwy., and the easternmost 10' of Wille Street right of way adjacent to the property, at 8:14 p.m. William Cooney, Director of Community Development, stated that the request was for a Planned Unit Development on the property known as the "Small Triangle" or "Sub Area I." He showed some pictures of the area. He said that this was one of five sub areas highlighted by the AD HOC Committee in 2004 when they reviewed potential re-development options in the downtown area. Mr. Cooney gave a brief history of downtown re-development for the Village. Mr. Cooney also provided an analysis of current conditions. He said the attributes for the Small Triangle included its historical significance, Richard Rogers, Chair Planning & Zoning Commission Meeting March 27, 2008 PZ-37-07 Page 2 existing businesses, and affordable rents. The challenges that Mr. Cooney presented were its minimal private investment, functional structural obsolescence, stagnant property values, and lack of parking. Mr. Cooney stated recent Village actions for the area. These actions included: pursued an extension of Tax Increment Funding (TIF) through 2021, the Mayor and Staff held individual meetings with business and property owners in Sub Area 1, and pursued acquisition of remaining properties. Mr. Cooney said that the developer has also pursued remaining properties as well. He also mentioned that the Village has entered negotiations with the Heimbaugh Capital Development Corporation (HCDC). Mr. Cooney said that HCDC would be presenting their development concept and asked the public to voice their opinions as well. Chairman Rogers restated that the proposal is for a Conditional Use (Planned Unit Development), he said because it is a Planned Unit Development, certain density requirements can be within ranges and other items could be discussed. Mr. Cooney stated that the actual project meets almost all codes. He said that a portion of the western tower exceeds the 80 foot height maximum. He stated that this was the architectural feature. He also said there are 107 parking spaces for commercial (public) parking. There is approximately 35,000 square feet of retail space and by code, there would need to be 137 spaces. Mr. Cooney stated that there were provisions for off site parking in the Village parking deck as well as the adjacent Metra lot on Northwest Hwy. Chairman Rogers swore in John Heimbaugh, President of HCDC, 666 Dundee Rd, Northbrook, IL and Mike Fitzgerald, OKW Architects, 600 W. Jackson, Chicago, IL. Mr. Heimbaugh explained the history of HCDC and provided HCDC's credentials. He highlighted mixed use developments previously built by HCDC. Mr. Fitzgerald gave a brief profile of OKW Architects and provided pictures of similar mixed use projects that OKW has completed in Evanston, Wheaton, Palatine, and Mount Prospect (Founders Row). Mr. Fitzgerald said the proposal includes a mixed use project of retail and residential along with a parking garage to serve both uses. The East building (along Main St.) will include retail on the ground floor with residential units above. The West and North buildings would be connected. The West building would have retail on the ground floor with residential above. The North building will be the parking structure with residential units above. Mr. Fitzgerald created a scale showing the project. Mr. Fitzgerald discussed the floor plans for all three buildings including the plaza that is between the East and West buildings. The retail would be along Main St. and extend throughout the plaza with the remaining retail primarily running along Northwest Hwy. He also addressed residential access points throughout the buildings. Mr. Fitzgerald stated that they have made some adjustments since the Committee of the Whole Meeting on March 11,2008. He said the East building would be shifted back 12 feet to allow more sidewalk space along Northwest Hwy. He stated that the East building would be pushed off Main St. as well. The West building has been shifted by 8 feet to allow more room on the sidewalk along Northwest Hwy. Mr. Fitzgerald said this also allowed for 9 parallel parking spaces along Northwest Hwy. Mr. Fitzgerald said vehicular access to the site would be at two locations. The first would be on the West side off of Wille St. and the second would be from the Village parking lot directly North of the site. Mr. Fitzgerald stated that the parking garage would serve the commercial patrons as well as the residents. He said there are 107 parking spaces for commercial use; this is a ratio of 3.13 spaces per 1000 square feet of retail space. He stated that this ratio does not include the public parking off site or the nine proposed spaces along Northwest Hwy. Richard Rogers, Chair Planning & Zoning Commission Meeting March 27, 2008 PZ-3 7 -07 Page 3 Mr. Fitzgerald said there was another revision of the loading zone due to the concerns provided by neighbors. He said the proposed loading zone would be North of the parking garage and would run parallel to the building as opposed to running perpendicular as originally proposed. He said there would be a cut-in to the curb and the loading zone would allow two lanes of traffic to pass by. He stated that trucks would no longer block any access via the Village parking lot. Mr. Fitzgerald said the garage access point on the North side of the structure does not align with the garage access for the condo building to the North. He did mention that even though they do not align, they are directly across from one another and it allows for drivers to make visual contact for entering and exiting their respective structures. Mr. Fitzgerald discussed other service elements for the buildings. Chairman Rogers swore in Michael Worthman, of KLOA Inc. Mr. Worthman stated that he is a licensed professional engineer with the State of Illinois. He said he was retained to complete a traffic study for the proposed development. Mr. Worthman stated that both access drives will lead commercial patrons and residents to their respective parking areas. He said by having two access drives on two different roads provides the site with the maximum access flexibility. Mr. Worthman discussed concerns from the previous meeting regarding traffic in the Village parking lot directly North of the site. He looked at the traffic volumes and stated they are low. Mr. Worthman stated that there are between 40-45 vehicles within the peak hours. He said the parking lot has been safely designed for the development. Mr. Worthman said that neighbors suggested at the last meeting eliminating access to the site from the North. He does not advocate this because it decreases the flexibility. He also believes that if access was eliminated that there would still be a significant volume of traffic for the site utilizing the parking lot to the North. He said the access drive would allow traffic to move quicker. Mr. Worthman stated that there are currently no crosswalks on Main St. / Busse Ave. and Northwest Hwy. / Wille St. Mr. Worthman said there is a proposed median/pedestrian refuge area. He will discuss this with the Illinois Department of Transportation based on Staff's suggestions. Mr. Fitzgerald discussed the commercial and residential parking plans. He said for the residential parking, there are a total of 105 units that will be using 168 parking spaces (1.6 cars per unit). Mr. Fitzgerald showed site sections, elevations, and discussed that the buildings would be made of brick with limestone detailing. Chairman Rogers said that parking in downtown Mount Prospect is a real problem. He believed that the parking presented was not adequate. Chairman Rogers asked Mr. Fitzgerald the total number of bedrooms. Mr. Fitzgerald did not have the total number of bedrooms, but he did discuss the sizes of the units. Mr. Cooney said the parking for the four projects that have been approved in the downtown area have a parking ratio ranging from 1.38 to 1.5. Mr. Cooney stated the only complaints that have been presented to him regarding parking were by the residences to the North of the proposed site. He believed that the marketing people misinformed residents that they could park their vehicles overnight in the Village's parking lot. Mr. Cooney said he has not received any parking complaints from the condo owners at the Clocktower, Lofts, or Emerson building. Richard Rogers, Chair Planning & Zoning Commission Meeting March 27, 2008 PZ-37-07 Page 4 Chairman Rogers said he understands that the lot to the North of the proposed development is a thoroughfare owned by the Village. Mr. Cooney confirmed that the Village owns the lot. He stated that there are easements over the right access to the Residents development to the North and existing commercial to the South. Mr. Cooney said that the lot was designated as guest parking for the visitors and for the businesses to the South. Mr. Cooney advised that it was never intended for overnight parking. Keith Youngquist asked what would stop residents from parking overnight in the proposed parking garage. Mr. Cooney stated that the Village would own the public portion of the parking lot and there would be no parking from 2 a.m. to 6 a.m. Chairman Rogers confirmed that the proposed parking garage would have similar hours like the parking deck North of Village Hall. Chairman Rogers said residents to the North of the proposed site could park in the public portion of the proposed garage. Mr. Cooney said the Village enforces parking regulations in the downtown area from 6 a.m. to 6 p.m., in two hour zones. He said most of the downtown is unlimited parking from 6 p.m. to 2 a.m. There was general discussion on whether the residential portion of the proposed parking garage would be heated. Mr. Fitzgerald confirmed that it would be partially conditioned, but not a heated garage. Leo Floros asked how many restaurants the Petitioners envision in this proposed development. Mr. Heimbaugh said that there would be more than two. He said restaurant patrons would utilize the public parking. Mr. Heimbaugh stated that a busy Saturday night would not be sufficient parking, he explained that is why the adjacent parking would be used. Mr. Youngquist led a discussion on another business in the downtown area. He believed downtown Mount Prospect is not a walk-able community. He believed that people utilizing the adjacent lots and crossing at a variety of places would create a dangerous situation. Mr. Cooney stated that by closing Busse Ave. would create a pedestrian zone at Main St. and Wille St. He said if this development becomes an entertainment zone with restaurants that will be busy beyond rush hour (6 p.m. - 7 p.m.). Mr. Cooney said traffic counts drop dramatically and it would be an easy walk across the street with a halfway zone in the middle of the streets. Mr. Cooney stated that the proposed development is very accessible from a pedestrian standpoint. Chairman Rogers discussed the possibility of putting a crosswalk in the center of the walkway courtyard. Mr. Cooney said that the chances would not be good; he does not believe the State would give this via mid-block. There was general discussion that continued regarding walking and driving in downtown Mount Prospect. Chairman Rogers stated that people have two or three cars. He said parking is a problem. He stated it is not fair to add more units when parking is already a problem. Chairman Rogers said he would like to see more parking spaces in the proposed garage. There was general discussion regarding the signature elements of the building. Mr. Floros said he loves the look of the site and welcomes this style to the downtown. Marlys Haaland was very pleased with the proposed site. Richard Rogers, Chair Planning & Zoning Commission Meeting March 27, 2008 PZ-37-07 Page 5 Chairman Rogers asked if the Petitioners had a chance to review comments from Staff regarding the additional items that need compliance of this proposal was approved. The Petitioners agreed. Mr. Worthman said 1.6 is a sufficient ratio as surveys and census data support this number. Chairman Rogers swore in Jonean Ford, 5 W. Central, Mount Prospect, IL. Ms. Ford said the proposed garage faces the North building and she is concerned with the metallic industrial look. She stated that half the units to the North look out on the courtyard and face the South parking lot. She wanted to know if the Petitioners could do anything to clean up the look. Ms. Ford is also concerned with traffic. She said the Residences condo has to use the Village parking lot for entering and exiting. She is concerned with additional parking spots for the proposed development. Mr. Floros asked Ms. Ford if the traffic in the Village parking lot could go either direction. Ms. Ford said yes. Chairman Rogers asked Ms. Ford how many trucks are currently in the loading area. Ms. Ford said that since the Blues Bar was added, quite a few large trucks, one or two trucks at a time. She is concerned if more restaurants come in, this would mean more trucks would be unloading. Chairman Rogers swore in Wilma Galassine, 20 S. Main St., Mount Prospect, IL. Ms. Galassine said her condo overlooks the triangle. She sees large semis for the Blues Bar and garbage trucks for pick-up. She said it is crowded. Ms. Galassine questioned emergency access to the proposed site and what type of security would be in place for the garage. Chairman Rogers swore in Carol Tortorello, 223 S. Elmhurst Ave., Mount Prospect, IL. Ms. Tortorello read a list of reasons why the proposed development was a bad idea. This list ranged from the design of the development to also what would be done for snow removal. She also addressed issues with traffic, parking, and for the lack of request for proposals. Chairman Rogers swore in Robert Gniech, 10 S. Wille, Mount Prospect, IL. Mr. Gniech does not like the design and views parking in the Village lot to the North of the development to be a major issue. He would like to view another site. Chairman Rogers swore in Carl Johnson, 11 S. Wille, Mount Prospect, IL. Mr. Johnson agrees with Chairman Rogers in regards to the parking. He believes that parking in the downtown area is a problem. He stated that the traffic study was completed before the closure of Busse Ave. Mr. Johnson believes that the Village parking lot would be used more by drivers to cut through to Northwest Hwy. He asked if a no left turn sign could be placed at Main Street and the parking lot to eliminate some of the traffic. Chairman Rogers swore in James Grady, 40 E. Northwest Hwy., Mount Prospect, IL. Mr. Grady wanted to know the height of the buildings. He also wanted to know if other projects could be considered. Mr. Grady also asked what the zoning is for the proposed development. Mr. Cooney said the zoning for the site and the area bounded by Central Road, Northwest Hwy., and roughly Emerson St. is B-5C. Mr. Cooney stated that B-5 Core allows mixed-use developments built throughout the downtown area. Mr. Grady said he was concerned with limitation on the type of businesses and he wanted to know how the residents above these developments are protected. Mr. Grady led a discussion regarding Elements Fitness and what restrictions fitness gyms would have on hours of operation, etc. Richard Rogers, Chair Planning & Zoning Commission Meeting March 27, 2008 PZ-37-07 Page 6 Mr. Cooney said that Elements had to obtain a Conditional Use for their operation, but that a 24 hour convenience store would be permitted in the downtown area. Mr. Cooney stated that 24 hour businesses are part of the mixed use lifestyle. He summarized that certain uses may need a Conditional Use and some do not. Mr. Grady concluded his statements by saying that parking at the Emerson building is a problem. Chairman Rogers swore in Joanna ChalIacombe, I I S. Wille, Mount Prospect, IL. She said the plan was beautiful, but also has concerns for the parking. She asked if the number of units could be reduced above the proposed parking garage. She stated that parking in her building is a 1.3 ratio and is inadequate. She stated a 2 bedroom unit in her building with 2 adults only has 1 parking space. Ms. Challacombe had additional concerns about whether or not this would be considered a green building. Ms. Challacombe said she crossed Main St. at 7:30 p.m. to attend the meeting and had no problems. She believed that the Village should encourage walking and biking and she hasn't heard the Petitioners discuss bike parking in the proposed development. Ms. Challacombe concluded by asking what would restrict Metra train riders from parking in the public garage and taking the train. Chairman Rogers asked the Petitioners to address some of the questions and concerns addressed by the residents. Mr. Fitzgerald stated that bike storage would be provided in the proposed buildings. He mentioned that all of his projects look at green principles and strategies. He did not know if the proposed development would be LEEDs (green) certified. Chairman Rogers asked about the structure of the buildings. Mr. Fitzgerald said the building structure would be a poured place concrete system and steel frame precast plank system. The buildings would be sound proof and stated that they would have to abide by Village Code. Mr. Fitzgerald discussed the heights of the buildings. He said that they would work with Staff regarding garage security. Mr. Cooney stated that the public component of the proposed garage would be patrolled by Police. It will be well lit at all times and there would not be a security guard. Chairman Rogers asked what the Village would do for people parking in the public portion of the garage during the daytime and riding the train. Mr. Cooney said they would be ticketed as most of the downtown parking is for two hours. Mr. Fitzgerald discussed emergency vehicle access. He said the development is surrounded by roads with access from four points and the plaza could be engineered to support emergency vehicles. Mr. Fitzgerald stated for every project he has completed, parking has been an issue. He said to go from a 1.3 ratio to a 1.6 would equal adding 60 spaces. Mr. Heimbaugh said ifhe took all of the units larger than 1 bedroom and assigns 2 parking spaces, it would be 75 units and 150 parking spaces. He continued by stating each I bedroom unit has 1 space for each of the 30 units. This would create a total of 180 parking spaces at a 1.7 ratio. The proposed development has 169 total spaces for residential that equal the 1.6 ratio as proposed. Mr. Heimbaugh stated that he has never had every 2 bedroom unit purchase 2 parking spaces. He said the absolute maximum would be a 1.7 ratio. Chairman Rogers said that he understood the ratio, but stated that there is currently a parking problem and the proposal would add to the problem. He said by trying to eliminate some of the parking issues and make sure the Petitioners do not aggravate the issue. Richard Rogers, Chair Planning & Zoning Commission Meeting March 27, 2008 PZ-37-07 Page 7 Mr. Youngquist asked if it was the intention to sell the parking spaces. Mr. Heimbaugh said that 1 parking space is included when a unit is purchased. A second space can be purchased. Chairman Rogers asked the possibility of a no left turn sign from Northbound Main St. into the Village parking lot. Mr. Worthman stated that he met with the Village's Engineering Staff. He mentioned that Staff was very comfortable with what was being proposed with the current design. Mr. Worthman agreed that the traffic would need to be monitored and if changes needed to be made, they would be. He said this could be accomplished at a later date. Chairman Rogers asked about snow removal from the property. Mr. Heimbaugh stated that it would be piled into the middle of the plaza. He discussed the possibility of heating portions of the public plaza pavement to minimize the amount of snow build up. Chairman Rogers questioned the look of the parking garage. Mr. Heimbaugh said that they could minimize the amount of metal on the parking structure and increase the masonry. Mr. Cooney discussed emergency access and stated that an ambulance could drive through the plaza. He said that the Fire Department has reviewed the plans and did not indicate any concerns. Mr. Cooney advised that Staff could follow-up on emergency access. Mr. Floros asked if it was possible to increase the amount of parking without impacting the existing plans. Mr. Heimbaugh stated that they have two options. One would be to alter the ratio between public and private parking and the second would be to reduce the number of residential units. Discussion continued with the Commission and Petitioners regarding the parking ratio. Chairman Rogers asked if the Petitioners could increase the size of the parking garage. Mr. Fitzgerald replied by asking what the Planning and Zoning would be comfortable with. Chairman Rogers said 200 spaces or at least a 1.7 ratio. Mr. Youngquist is concerned with the location of the proposed parking garage to the North. He believed that guests of the condos would take up spaces in the public portion of the parking garage. Mr. Fitzgerald said in order to gain a 1.7 ratio, he said they could remove the penthouse units in the East building and that would reduce the overall units to 101. Then there would be 168 spaces and they would need to find a couple more spaces to bring the total to 170 or a ratio of 1.7. Chairman Rogers asked if there was an easier way to pick up the additional spaces by increasing the size. Mr. Youngquist said that he did not have a problem with the 1.6 ratio for residential parking; the issue is with the size of the public portion ofthe proposed garage. Further discussion continued regarding utilizing the downtown parking deck and the Metra lot. Mr. Floros made a motion to approve case PZ-37-07, a request to approve a Conditional Use (Planned Unit Development/Mixed Use Commercial and Residential) at 6-34 W. Busse Ave., 12-20 W. Northwest Hwy., and the easternmost 10' of Wille Street right of way adjacent to the property; Ms. Haaland seconded the motion. Chairman Rogers said he wanted to add an amendment to take a second look at the parking to be a part of the motion. He would like to see an increase. Mr. Floros said at least a parking ratio of 1.7. Richard Rogers, Chair Planning & Zoning Commission Meeting March 27, 2008 PZ-37-07 Page 8 Mr. Cooney stated that the Staff's recommendation includes for a Variation to approve the maximum height of 88.6 feet and a request of a Variance for parking from 137 to 107 for the commercial component in the motion. Mr. Floros said he will support this proposal as it represents change for Mount Prospect. He discussed the reasons why he liked the proposal. UPON ROLL CALL: AYES: Floros, Haaland, Rogers NAYS: Youngquist Chairman Rogers said there was a 3-1 vote. This case moves onto the Village Board without the Planning and Zoning's approval. He stated that it would take a super majority vote from the Village Board for approval. Keith Youngquist made a motion to adjourn at 10:30 p.m. The motion was approved by a voice vote and the meeting was adjourned. 44 01~ ;~ 1%f Ryan Kast, Community Development Administrative Assistant Village of Mount Prospect Community Development Department CASE SUMMARY - PZ- 37-07 LOCATION: PETITIONER: OWNER: PARCEL #: LOT SIZE: ZONING: LAND USE: REQUEST: Downtown Triangle/Entertainment District. Heimbaugh Capital Development Corp. Varies Multiple 1.98 acres B-5C Core Commercial District Commercial Retail Buildings 1) Conditional Use for a Planned Unit Development LOCATION MAP 1011) 10 10 10 10 10 10 55555 10 10 (/) W ...J ...J j II> 10 30 16 8 l2 0 22 0 10 6 12 18 2 WBUSSEAV 110 II> i: > Z ~ 2 4 o o 101 MEMORANDUM Village of Mount Prospect Community Development Department TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION RICHARD ROGERS, CHAIRPERSON FROM: BRIAN SIMMONS, AICP, COMMUNITY DEVELOPMENT DEPUTY DIRECTOR DATE: MARCH 17, 2008 HEARING DATE: MARCH 27, 2008 SUBJECT: PZ-37-07 - PHASE 1 OF THE MOUNT PROSPECT TOWN CENTER (HEIMBAUGH CAPn AL DEVELOPMENT) BACKGROUND A public hearing has been scheduled for the March 27, 2008 Planning & Zoning Commission meeting to review the application by Heimbaugh Capital Development Corp. (the "Petitioner), regarding the property commonly known as the "small triangle" and/or sub-area # 1 (the "Subject Property"). The Petitioner is seeking approval of a Conditional Use permit for a Planned Unit Development. The P&Z Commission hearing was properly noticed in the March 12,2008 edition of the Journal Topics Newspaper. In addition, Staff has completed the required written notice to property owners within 250-feet and posted Public Hearing signs on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located northwest of the intersection of Northwest Highway and Main Street, and contains existing retail buildings with related improvements. The Subject Property is zoned B-5C Core Commercial District and is bordered by the B-5C Core Commercial District to the east, north, and west, and the 1-2 Railroad District to the south. The Metra railroad tracks are located across Northwest Highway to the south of the Subject Property. SUMMARY The Petitioner proposes a complete redevelopment of the subject parcels with the exception of the existing Blues Bar Restaurant. The existing restaurant will be incorporated into the overall development plan for the property. As proposed, the project will be performed in two phases and will consist of the construction of three new mixed- use buildings. The project will ultimately incorporate approximately 35,000 sq. ft. of new retail space, 105 residential units, and structured parking for 276 vehicles. Phase one of the project includes the construction of the seven-story west building and five-story north building. The seven-story structure will consist of 19,475 sq. ft of retail space on the building's first floor, with fifty-five (55) residential condominium units on the building's upper levels. The north five-story structure will include the structured parking spaces and an additional four (4) condominium units and six (6) duplex units. The total number of residential units in phase one will therefore be sixty-five (65) units. Phase two will involve the construction of the remaining six-story east building. This final phase will include 15,990 sq. ft. of retail space on the building's first floor, and forty (40) condominium units on the upper levels. PZ-37-07 Planning & Zoning Commission meeting March 27, 2008 Page 3 As part ofthe redevelopment of the subject parcels, the right-of-way for Busse Avenue, between Wille Street and Main Street, and a portion of the right-of-way for Wille Street will be vacated and incorporated into the project. The proposed project is consistent with the planning design principles for a Transit Oriented Development (TOD). TOD is a design concept that speaks to a mixed-use environment surrounding a transit station. The goal of a TOD district is to provide uses within close proximity to one another that allow individuals to walk from one location to another. Ideally, TOD districts require a good mix of uses including residential, retail, and service oriented office uses. To create a comfortable pedestrian environment, TOD's require wider sidewalks (greater than 10 feet) and other streetscape elements such as planting beds, benches, and transparency at the street level of buildings. The existing central core district of Mount Prospect has developed over time to create a viable TOD district which incorporates several of these design principles. The proposed mixed-use development is consistent with transit oriented design and will further enhance the amenities provided within the downtown area. Conditional Use for a Planned Unit Development - The Subject Property is currently zoned B-5C Core Commercial District, and the Petitioner is requesting approval of a conditional use permit for a mixed-use Planned Unit Development. According to the Village's Zoning Code, mixed commercial and residential developments require approval of a planned unit development (PUD). The PUD process allows for unified zoning control over the entire development, which would require formal Village approval if any modifications were proposed to the development in the future. The underlying B-5C district allows for a maximum density of thirty (30) dwelling units per acre, with PUD standards allowing this density to be increased to a maximum density of eighty (80) dwelling units per acre. The Petitioner's proposal includes a density of fifty-three (53) units per acre (105 units/I.98 acres), which falls below the maximum density permitted within a PUD located in the B-5C District. Site Plan - The attached site plan illustrates the proposed layout for the mixed-use development. As designed, the buildings will utilize a build forward design which will create a uniform street presence for the development and adjacent properties. As proposed building setbacks along Northwest Highway, Wille Street (after ROW vacation), and the public lot to the north will be zero feet, while the building setback along Main Street is 7 feet. The proposed setbacks will meet code requirements as the B-5C district does not require minimum building setbacks along property lines. To enhance the pedestrian environment, a plaza area will be constructed between the two primary buildings. The plaza will provide a pedestrian path from the intersection of Busse and Main Street, through the development to Northwest Highway. The plaza will include pedestrian amenities such as a fountain, planting beds with seating walls, and outdoor seating areas. Three drop-off and loading zones are proposed along the developments street frontages with Main and Wille Streets. Nine on-street parallel parking is provided along Northwest Highway. The parallel parking spaces will provide convenient parking for the retail tenants of the development while also providing a uniform street presence along Northwest Highway similar to adjacent developments. The site plan also illustrates sidewalks around the proposed development which vary in width from fifteen (15) feet to seven (7) feet. To provide a comfortable pedestrian environment, wider sidewalks are proposed along Main Street and Northwest Highway which maintain a minimum width of ten (10) feet. Sidewalks located along Wille Street and the drop-off areas on Main Street are reduced to seven (7) feet due to their greater distance from vehicular traffic. Building Design - The proposed buildings will utilize a contemporary architectural style. The buildings will be constructed with durable materials which consist primarily of brick, cast stone, cement fiber board, and spandrel glass. At the pedestrian level, the building will incorporate cast stone at its base, with glass and an aluminum storefront system at retail locations. Fabric awnings are proposed above the retail tenant spaces which will further enhance the pedestrian environment. PZ-37-07 Planning & Zoning Commission meeting March 27, 2008 Page 4 The upper levels of the building fayade will incorporate several vertical bump-outs and recessed areas which will help to break up the massing of the structures. Balconies, terraces, bay windows, in addition to the vertical relief elements will provide play with light and shadow across the building's fayade. The corners of the buildings will incorporate spandrel glass towers with metal cornice features that will provide an iconic presence to the buildings. The parking structure will be constructed of brick materials that will match the existing Blues Bar Restaurant building. In addition to brick, metal louvers and metal panels are proposed on the building's fayade to screen vehicles within the structure from view. While the overall architectural design of the development is more contemporary in nature, the proposed buildings will add to the mix of architectural styles within the core commercial area. Site Access - The proposed site plan shows that residents and customers will access the parking structure from two locations. One access into the structure will be provided off of Wille Street, while a secondary access will be provided from the existing public parking lot to the north of the development. The Wille Street frontage will also include a retail loading zone internal to the building, with a residential drop-off and retail loading zone on-street. A retail drop-off zone is proposed along Main Street with nine parallel parking spaces proposed on Northwest Highway. Parking - As proposed, parking for the development will be incorporated entirely within the parking structure proposed on the north portion of the development. The structure will consist of 276 parking spaces which will be utilized for retail customers, residents, and their guests. Of the 276 spaces, 107 are reserved for retail customers and 169 spaces are for the condominium residents. Therefore, the parking ratio for the residential component of the project is 1.6 spaces per unit which would exceed the amount of parking provided in other downtown projects. The additional nine parking spaces provided along Northwest Highway will provide additional convenient parking for retail customers visiting the development. Landscape Plan - The Petitioner's landscape plan provides parkway trees along the Northwest Highway and Main Street frontages. Final streetscape design must be reviewed and approved at time of permit issuance. Planters along Main Street shall be provided to mirror the streetscape design that exists to the north of the subject property. In addition to the streetscape elements, the plaza area located between the two buildings will incorporate planting beds to provide additional natural amenities to the site. Decorative pavers and pavement will be utilized in the plaza area and sidewalk locations around the building to complete the streetscape. Finally, the project will also incorporate green building design elements that will further enhance the development. The terrace levels of the proposed buildings (above retail spaces) will provide planting areas that will enhance the building's architecture and be an added amenity to the residents of the proposed development. In general, green roofs similar to those proposed in the terrace levels, help to reduce the urban heat island effect by reducing impervious areas and providing additional plant materials in urban environments. Additionally, green roofs assist in decreasing the amount of storm water run-off from properties by creating more locations on site that can absorb rain water. COMPREHENSIVE PLAN DESIGNATION AND ZONING The Village Comprehensive Plan designates the property as Central Commercial Use. This land use designation is appropriate for a dense, intensive land use pattern which focuses on an urban style of development and architectures. Mixed-use development, with retail on the first level of the building and residential on upper levels, is recommended within this land use designation. The proposed development therefore is consistent with this designation and is appropriate for the area. PZ-37-07 Planning & Zoning Commission meeting March 27, 2008 Page 5 GENERAL ZONING COMPLIANCE As previously mentioned, the petitioner is requesting approval of a Planned Unit Development within the B-5C Central Core Zoning District for Phase One of the Mount Prospect Town Center. As such, the standards for Planned Unit Developments would supersede the underlying zoning requirements. Per Section 14.504 of the Village Code, maximum density of a PUD within the B-5C Core District may not exceed eighty (80) units per acre. The proposed 105 residential units on 1.98 acre site will result in a density of fifty-three (53) units per acres. Regarding building height, maximum building height within the B-5C district is eighty (80) feet. The main building structure of the seven-story building will measure at eighty (80) feet to its roof line; however the turret tower at the comer of the building will extend to a maximum height of 88 feet 6 inches. The six-story structure will meet the code requirements for structure height. Staff is supportive of the building height variation as the majority of the structure will be constructed to district standards. The tower feature which will exceed the 80 foot limitation is centrally located in the property and provides architectural interest to the structure. PLANNED UNIT DEVELOPMENT STANDARDS The standards for approving a Planned Unit Development are listed in Section 14.504 of the Village Zoning Ordinance. The section contains specific findings that must be made in order to approve a Planned Unit Development. These standards relate to: · The proposed development complies with the regulations of the district or districts in which it is to be located; · The principal use in the proposed planned unit development is consistent with the recommendations of the comprehensive plan of the village for the area containing the subject site; · That the proposed planned unit development is in the public interest and is consistent with the purposes of this zoning ordinance. · That the streets have been designed to avoid inconvenient or unsafe access to the planned unit development and for the surrounding neighborhood; and that the development does not create an excessive burden on public parks, recreation areas, schools, and other public facilities which serve or are proposed to serve the planned unit development. The proposal is consistent with the Village's Comprehensive Land Use Map and is compatible with the underlying zoning for the property. The mixed-use development will be compatible with other redevelopment projects that have occurred within the downtown area and will be an added benefit to this area of the Village. RECOMMENDATION The proposed Conditional Use for a Mixed-Use Planned Unit Development meets the standards for this request as listed in the Zoning Ordinance. Based on these findings, Staff recommends that the Planning & Zoning Commission approve the following motion: "To approve: 1) A Conditional Use permit for Phase One of a mixed-use Planned Unit Development consisting of 65 residential units and approximately 19,000 sq. feet of retail subject to compliance with the following: A. Variation approval to allow: a. A maximum building height of 88 feet 6 inches. PZ-37-07 Planning & Zoning Commission meeting March 27, 2008 Page 6 B. Development of the site in general conformance with the site and landscape plans prepared by OKW Architects, dated March 21, 2008; C. Development of the units in general conformance with the floor plans prepared by OKW Architects, dated March 6, 2008; D. Development ofthe elevations in general conformance with the prepared by OKW Architects, dated February 13,2008; E. Prior to issuance of a Building Permit, the Petitioner shall submit a lighting plan that complies with the Village's lighting regulations for the lighting within the development; F. Prior to the issuance of a Building Permit, the petitioner shall submit detailed streetscape plans that are consistent with the Village's Streetscape Program design guidelines. All expenses related to the design and installation of these improvements is the petitioner's responsibility; G. The Petitioner shall construct all units according to all Village Codes and regulations, including, but not limited to: the installation of automatic fire sprinklers, fire hydrants and roads must be located and constructed according to Development and Fire Code standards. 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LOT lor 1ll/NIl1N00Il\I1s.nUIOIIIISlOII.KIIICA.CSUIlllIftSIONOflO!S_ AND SIIl..lOHN NCTM'S SUIOI....SIDN or ~..., tIT ..DOl II or MOUNT PIIOSPtCT. IN TIC[ '11[11 "Al' Oil" S1:ClIOOITJ.~.,_no..",G[ 11 [A51 or 1M[ 1WlIIll_~.....wtlll_. oM:COllOlNeI01ll['l""1H(11[OfIltCllfltlfOSCP1(W[.'. "12.t.SDOCUIltIlT7I2.UIT......l llleoD1leouNn.UINCllS ''''C[I. a LOI52.3.. AND1M[I'III"'...l(...llHIII,I[ltINM(1N'SSU'onIlSIOOlor....'or..OCIl II tIT "'WIt' PIIgpcC'. III nor lI[Sl .......f 01 sttTlON 11. __ ., OIOIITIoI. ......ec: II ["'51 tIT 1I'l[1NIID_CIl"ALlIL._.ACC_eT01IlCPL"',,"tll(crIl(COIIDtOnlllU""T2lI. 'UlA$OOCUll(NIIOMIIlll.....lIIICOQllCO\llln.IlUl/OI$. ,....!;nl P"'TSor li"L( S1lt[(T.....O.LlSSl...VCOlU( TO I[ ",...CUtO,,1N( 'll[51IlAU OI5tclIOw U ~ "_"IIl.....a" t"'Sl OI1MC 1...01'llIllClP...l..t_..... "1.LlIl COOl c_n. ..RC:.~~I~I~~~r.( II LOr, ~\OUtfT ~R;JSI'ECT CEIH~"L. Dt$TR'~, ~U!J \',Sio'l '" <Xl a", C3!;: ~, E-<E- tIl'" 0::'" :::>~ xE- ::;;'" ....lz "'- ...: e <<c",'" , Q~S' ?Y<vt BUSS'E'-AVENUE Q~"r.r ~/ DRAFlED aT. J.H CHECK(D BY; CCRPOl"".H SiJlLOIV151CN U~, 9 I JIll'l1 ~lf 't~'S lllJDtlI\'lSlOfl KEL,~K" RCSUO[)IVISI\'I,"t-' ~;Oil"T PRllliO>lC'. ~CONSUL TING, INC. ~ &. GEeCOftI .-....1: ........uII......t CONSULTING CML ENGINEERS ole LANO SURVEYORS 300 IUIICllWlDT DIIN( WM!(UIIG... &COtO PIi &47 21~-1l33 rAll &47 21!l_11n PIlEPARU) rOIl JOHN HEII.I8AUCH SCAlE: \" .. 20' rlElO CREW; N/A "Ino WOIlK;N/A JDNIIlEYI;'S:lUI'"IlVltOtl All DISTANCES IN rE(1 AND OECIUAl PARlS THEAEOF, NO DIIolENSIONS TO 8E ASSVIolED rIlOIol SCAlIN(; COl,lPARE TOUR DESCRIPTION AND SITE IotARKINGS WITH 1HIS PLAT ANO AT ONCE REPORT ANT DISCREPANCIES WHICH TOU M"'''' rHO PHASE 1 PARCEL 1: LOT 1 (EXCEPT THAT PART VACATED PER DOCUMENT 00454455) IN MEERSMAN RESUBDIVlSION IN MOUNT PROSPECT, BEING A RESUBDIVlSION OF PART OF THE WEST HALF OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF REGISTERED IN THE REGISTRAR'S OFFICE OF COOK COUNTY, ON OCTOBER 27, 1986 AS DOCUMENT LR 35-61-889, EXCEPT THAT PART THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH 00 DEGREES 06 MINUTES 53 SECONDS WEST, ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 23.07 FEET TO A LINE THAT IS THE WESTERLY EXTENSION OF THE SOUTHERNMOST LINE OF LOT 2 IN MOUNT PROSPECT CENTRAL DISTRICT SUBDIVISION OF PART OF THE WEST HALF OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 23, 1949 AS DOCUMENT 1275902; THENCE SOUTH 89 DEGREES 35 MINUTES 57 SECONDS WEST, ALONG SAID WESTERLY EXTENSION, 46.73 FEET TO THE WEST LINE OF SAID LOT 1; THENCE NORTH 00 DEGREES 08 MINUTES 52 SECONDS WEST, ALONG SAID WEST LINE, 24.71 FEET TO THE NORTH LINE OF SAID LOT 1; THENCE SOUTH 88 DEGREES 23 MINUTES 49 SECONDS EAST, ALONG SAID NORTH LINE, 46.86 FEET TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. PARCEL 2: THAT PART OF LOT 2 IN BLOCK 3 IN BUSSE AND WILLE'S RESUBDIVlSION IN MOUNT PROSPECT IN THE WEST HALF OF SECTION 12. TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE WEST LINE OF THE EAST 60 FEET OF SAID LOT 2 WITH THE NORTH LINE OF BUSSE AVENUE AS DEDICATED BY DOCUMENT NO. 342070; THENCE WESTWARD ALONG SAID NORTH LINE A DISTANCE OF 50.01 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 06 MINUTES 53 SECONDS EAST, 101.08 FEET TO A LINE THAT IS THE WESTERLY EXTENSION OF THE SOUTHERNMOST LINE OF LOT 2 IN MOUNT PROSPECT CENTRAL DISTRICT SUBDIVISION OF PART OF THE WEST HALF OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 23, 1949 AS DOCUMENT 1275902; THENCE SOUTH 89 DEGREES 35 MINUTES 57 SECONDS WEST. ALONG SAID WESTERLY EXTENSION, 23.00 FEET TO THE WEST LINE OF SAID LOT 2; THENCE NORTH 00 DEGREES 06 MINUTES 44 SECONDS EAST, ALONG SAID WEST LINE, 22.12 FEET TO THE NORTH LINE OF SAID LOT 2; THENCE SOUTH 88 DEGREES 23 MINUTES 49 SECONDS EAST, ALONG SAID NORTH LINE, 23.00 FEET TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. PARCEL 3: LOT 2 IN MEERSMAN RESUBDIVlSION IN MOUNT PROSPECT, BEING A RESUBDIVlSION OF PART OF THE WEST HALF OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF REGISTERED IN THE REGISTRAR'S OFFICE OF COOK COUNTY, ON OCTOBER 27, 1986 AS DOCUMENT LR 35-61-889, EXCEPT THAT PART THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 2; THENCE SOUTH DO DEGREES 06 MINUTES 44 SECONDS WEST, ALONG THE EAST LINE OF SAID LOT 2, A DISTANCE OF 21.32 FEET TO A LINE THAT IS THE WESTERLY EXTENSION OF THE SOUTHERNMOST LINE OF LOT 2 IN MOUNT PROSPECT CENTRAL DISTRICT SUBDIVISION OF PART OF THE WEST HALF OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 23, 1949 AS DOCUMENT 1275902; THENCE SOUTH 89 DEGREES 35 MINUTES 57 SECONDS WEST, ALONG SAID WESTERLY EXTENSION, 23.00 FEET TO THE WEST LINE OF SAID LOT 2; THENCE NORTH 00 DEGREES 06 MINUTES 44 SECONDS EAST, ALONG SAID WEST LINE, 22.12 FEET TO THE NORTH LINE OF SAID LOT 2; THENCE SOUTH 88 DEGREES 23 MINUTES 49 SECONDS EAST, ALONG SAID NORTH LINE, 23.00 FEET TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. EXHIBIT PARCEL 4: THAT PART OF THE EAST 60 FEET (EXCEPT THE NORTH 100 FEET AND EXCEPT THAT PART DEDICATED FOR BUSSE AVENUE) OF LOT 2 IN BLOCK 3 IN BUSSE AND WILLE'S RESUBDIVlSION OF MOUNT PROSPECT IN SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTH 100 FEET OF SAID LOT 2 AND THE WEST LINE OF THE EAST 60 FEET OF SAID LOT 2; THENCE SOUTH 00 DEGREES 06 MINUTES 44 SECONDS WEST, ALONG SAID WEST LINE, 21.32 FEET TO A LINE THAT IS THE WESTERLY EXTENSION OF THE SOUTHERNMOST LINE OF LOT 2 IN lolOUNT PROSPECT CENTRAL DISTRICT SUBDIVISION OF PART OF THE WEST HALF OF SECTION 12, TOWNSHIP 41 NORTH. RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 23, 1949 AS DOCUMENT 1275902 AND THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 35 MINUTES 57 SECONDS EAST, ALONG SAID WESTERLY EXTENSION, 35.00 FEET; THENCE SOUTH 00 DEGREES 06 MINUTES 44 SECONDS WEST, PARALLEL WITH SAID WEST LINE, 100.46 FEET TO THE NORTH LINE OF BUSSE AVENUE; THENCE SOUTH 89 DEGREES 10 MINUTES 36 SECONDS WEST. ALONG SAID NORTH LINE OF BUSSE, 35.01 FEET TO THE WEST LINE OF THE EAST 60 FEET OF SAID LOT 2; THENCE NORTH 00 DEGREES 06 MINUTES 44 SECONDS EAST. ALONG SAID WEST LINE, 100.71 FEET TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. PARCEL 5: THAT PART OF THE EAST 60 FEET (EXCEPT THE NORTH 100 FEET AND EXCEPT THAT PART DEDICATED FOR BUSSE AVENUE) OF LOT 2 IN BLOCK 3 IN BUSSE AND WILLE'S RESUBDIVlSION OF MOUNT PROSPECT IN SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTH 100 FEET OF SAID LOT 2 AND THE EAST LINE OF SAID LOT 2; THENCE SOUTH 00 DEGREES 06 MINUTES 44 SECONDS WEST, ALONG SAID EAST LINE, 19.22 FEET TO A LINE THAT IS THE WESTERLY EXTENSION OF THE SOUTHERNMOST LINE OF LOT 2 IN MOUNT PROSPECT CENTRAL DISTRICT SUBDIVISION OF PART OF THE WEST HALF OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 23, 1949 AS DOCUMENT 1275902. AND THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 06 MINUTES 44 SECONDS WEST, CONTINUING ALONG SAID EAST LINE, 100.27 FEET TO THE NORTH LINE OF BUSSE AVENUE; THENCE SOUTH 89 DEGREES 10 MINUTES 36 SECONDS WEST, ALONG THE NORTH LINE OF BUSSE, 25.00 FEET; THENCE NORTH 00 DEGREES 06 MINUTES 44 SECONDS EAST, PARALLEL WITH SAID EAST LINE, 100.46 FEET TO SAID WESTERLY EXTENSION; THENCE NORTH 89 DEGREES 35 MINUTES 57 SECONDS EAST, ALONG SAID WESTERLY EXTENSION, 25.00 FEET TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. PARCEL 6: THAT PART OF LOT 4 IN MOUNT PROSPECT CENTRAL DISTRICT SUBDIVISION OF PART OF THE WEST HALF OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 23, 1949 AS DOCUMENT 1275902, LYING SOUTHERLY OF THE WESTERLY EXTENSION OF THE SOUTHERNMOST LINE OF LOT 2 IN SAID MOUNT PROSPECT CENTRAL DISTRICT SUBDIVISION, ALL IN COOK COUNTY. ILLINOIS. PARCEL 7: LOT 1 OF DUNKIN DONUTS RESUBDIVlSION, BEING A RESUBDIVlSION OF LOTS 4 AND 5 IN JOHN MEYN'S SUBDIVISION OF' PART OF BLOCK 16 OF MOUNT PROSPECT, IN THE WEST HALF OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 8, 1982 AS DOCUMENT 26244797, ALL IN COOK COUNTY, ILUNOIS. PARCEL 8: LOTS 2, 3, 6 AND THE PRIVATE ALLEY IN JOHN MEYN'S SUBDIVISION OF PART OF BLOCK 16 OF MOUNT PROSPECT, IN THE WEST HALF OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 26, 1931 AS DOCUMENT 10851688, ALL IN COOK COUNTY, ILLINOIS. PARCEL 9: PARTS OF WILLE STREET AND BUSSE AVENUE TO BE VACATED IN THE WEST HALF OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINOPAL MERIDIAN, ALL IN COOK COUNTY, ILLINOIS. ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND VARIATION FOR PROPERTY LOCATED AT 6-34 WEST BUSSE AVENUE AND 12-20 WEST NORTHWEST HIGHWAY WHEREAS, Heimbaugh Capital Development ("Petitione!'), has filed a petition for a Conditional Use permit for a Planned Unit Development and Variation with respect to property located at 6- 34West Busse Avenue and 12-20 West Northwest Highway ("Property") as legally described on the attached Exhibit "A"; and Property Index Numbers: 08-12-102-057/058/030/059/060/061 /062 08-12-107-022/003/020/004/006/007; and WHEREAS, the Petitioner seeks to create a Planned Unit Development! Mixed Use Commercial and Residential; and WHEREAS, a Public Hearing was held on the request for a Planned Unit Development, Conditional Use permit and Variation being the subject of Case No. PZ-37-07 before the Planning and Zoning Commission of the Village of Mount Prospect on the 27th day of March, 2008, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the 12th day of March, 2008; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendation to the President and Board of Trustees of the Village of Mount Prospect in support of the request being the subject of PZ-37-07; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the requests herein and have determined that the requests meet the standards of the Village and that the granting of the proposed Conditional Use permit for a Planned Unit Development and Variation to allow a maximum building height of 88' 6" as shown on the attached "Exhibit A," would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The recitals set forth hereinabove are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: That the Conditional Use Permit for a Mixed Use Planned Unit Development is subject to the following conditions: A. Development of the site in general conformance with the site and landscape plans prepared by OKW Architects, dated May 6,2008; B. Development of the units in general conformance with the floor plans prepared by OKW Architects, dated May 6, 2008 C. Development of the elevations in general conformance with the plans prepared by OKW Architects. dated Mav 6. 2008. /J Page 2/2 PZ-37 -07 D. Prior to issuance of a Building Permit, the Petitioner shall submit a lighting plan that complies with the Village's lighting regulations for the lighting within the development; E. Prior to issuance of a Building Permit, the Petitioner shall submit detailed streetscape plans that are consistent with the Village's Streetscape Program design guidelines. All expenses related to the design and installation of these improvements is the Petitioner's responsibility; F. The Petitioner shall construct all units according to all Village Codes and regulations, including, but not limited to: the installation of automatic fire sprinklers, fire hydrants and roads must be located and constructed according to Development and Fire Code standards. SECTION THREE: The President and Board of Trustees of the Village of Mount Prospect do hereby grant approval of a Conditional Use permit and Variation as provided in Sections 14.203.F.7, Sec. 14.203.C.7 of the Village Code, for a Mixed Use Planned Unit Development consisting of 57 residential units and approximately 19,000 square feet of retail, all as shown on the Site Plan dated May 6, 2008 a copy of which is attached and made a part this ordinance. SECTION FOUR: The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance with the Recorder of Deeds of Cook County. SECTION FIVE: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this th day of May 2008. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk C:\Documents and Settings\LAngell\Local Settings\Temporary Internet Files\OLK9CF\C USEVARsmalltriangleheirnbaughmay2008 (3).doc